Most states follow either a no-fault or fault-based system when it comes to car accidents. The system dictates how and with which insurance company an accident victim turns to for help following a collision involving another driver.
So, is Texas a no-fault state? If not, how is fault determined and how do fault-based rules apply? Here’s what you need to know about this critical legal issue from our San Antonio car wreck lawyer.
What Is a No-Fault State?
In no-fault states, each driver involved in a collision turns to their own insurance company for compensation, regardless of fault. In these states, drivers are typically required to carry personal injury protection (PIP) coverage. After an accident, they make a claim with their insurance provider to pay for medical expenses, lost wages, and other coverage provided by the insurance. They generally don’t have a right to file a legal claim against the at-fault driver unless they meet certain thresholds, such as suffering a catastrophic injury or having damages that exceed their coverage, as determined by the individual state’s laws.
Texas Fault-Based Laws
Texas is not a no-fault state. Instead, like many states, Texas uses a traditional fault-based system. Under this system, the driver found at fault for the accident is responsible for paying for the damages they caused. Depending on the circumstances, this could include payment for the following:
- Past, current, and future medical expenses
- Lost wages
- Reduced earning capacity
- Impairment and disfigurement
- Pain and suffering
- Mental anguish and emotional distress
In some cases, both drivers are found at fault for causing the accident. In Texas, accident victims can still recover compensation if they contributed to the accident so long as they are not 51% or more at fault for the crash. However, their compensation is reduced by their degree of fault. So, if you were awarded $100,000 in compensation but were 10% at fault, your compensation would be reduced by 10% or $10,000 in this example.
Legal Options in Texas Following a Car Accident That Wasn’t Your Fault
If you were injured in an accident that wasn’t your fault, you can seek compensation through any of the following ways:
- Filing a claim with your own insurance provider under your collision, PIP, or Med-Pay coverage
- Filing a claim with the at-fault driver’s liability insurance provider
- Filing a lawsuit against the at-fault driver
An experienced San Antonio injury attorney can review your circumstances and discuss your legal options.
A fault-based system allows you to seek compensation for the full extent of your damages, but you have the burden of proving the other driver was at fault to secure this compensation. This can be difficult to do on your own when you are already dealing with painful injuries that are disrupting your life. An experienced San Antonio truck accident lawyer from George Salinas Injury Lawyers can collect accident reports, interview witnesses, and gather evidence to prove the other driver was at fault. Contact us today to move forward with your personal injury claim.