Texas Is an At-Fault State: What This Means if You Get into a Car Crash

If you get into a Fort Worth car accident, you will need to know how at-fault insurance claims work. In at-fault states, the driver responsible for the accident will be liable for damages, including your medical costs, property damage, lost wages and other losses.

At Anderson Cummings & Drawhorn, our dedicated Fort Worth car accident attorneys at Anderson Cummings & Drawhorn are ready to guide you through every step of the legal process. We fight to hold at-fault parties accountable for their negligent actions and for the full and fair compensation you deserve.

Request a FREE case review today: (817) 920-9000

What Is an At-Fault Insurance State?

An at-fault insurance state, also known as a tort state, is a system where the driver responsible for causing a car accident is liable for covering the damages. These damages include property damage, medical expenses and other costs associated with the crash.

How Do No-Fault States Differ From an At-Fault State?

In states where no-fault insurance applies, drivers rely on their own policies to cover certain losses, such as those stemming from medical bills, regardless of which driver caused the accident. These costs are typically covered under Personal Injury Protection (PIP) coverage, which is a mandatory requirement in no-fault states.

How Does At-Fault Insurance Work In a Texas Car Crash Claim?

In Texas, first responders examine the crash scene. However the insurance companies involved will also investigate the scene, vehicle damage and other evidence. Injured victims who file a claim to recover compensation for damages have the burden of proving the other driver’s negligence. This is something a crash victim should speak with a knowledgeable attorney about. Establishing negligence is often complex. Supporting evidence to strengthen a car accident claim includes police reports, photos, credible witness statements and other related evidence.

• Filing a Claim: Victims can file a third-party claim with the at-fault driver’s insurer or a first-party claim against their own insurance policy.
• Coverage: The at-fault driver’s insurance covers injuries, property damage and economic losses. For gaps in coverage or non-economic damages like pain and suffering, victims may need to file a lawsuit.
• Disputes: Fault or compensation disagreements often involve negotiations or legal action, requiring strong evidence.
• Out-of-Pocket Costs: Victims might face deductibles, especially if using their own collision coverage, or rely on uninsured/underinsured motorist coverage if the at-fault driver lacks adequate insurance.

Clear documentation, evidence and understanding your policy can help ensure proper compensation.

What If I Am Partially At-Fault for My Fort Worth Car Accident?

You may still have a claim, even if you contributed to the crash in some way. Texas follows modified comparative negligence rules, which means that victims who are 50 percent or less at fault may still be eligible to recover some compensation. However, under the state’s comparative negligence law, any compensation awarded to you will be reduced by your percentage of fault.

Insurance companies often try to shift blame of their policyholders to lower payouts. This is one reason why having experienced legal representation is essential to securing a favorable outcome in your claim.

Victims found 51 percent or more to blame for the crash, are barred from recovering any compensation for their damages.

What Are the Minimum Auto Insurance Requirements in Texas?

When it comes to protecting yourself and your vehicle, add-on insurance options can provide valuable coverage beyond the state-required minimums, ensuring you are fully prepared for unexpected situations.

Uninsured/Underinsured Motorist Coverage

Protects you if you are involved in an accident with an uninsured driver or a driver with insufficient coverage.

Personal Injury Protection (PIP)

Pays for medical expenses, lost wages and other costs that resulted from the car crash, regardless of fault. Which is useful in an at-fault state for covering immediate medical needs and lost wages, especially if the other party has insufficient coverage or is slow to settle.

Collision Coverage

Covers costs of repairing or replacing your vehicle after an accident, regardless of fault. Particularly valuable if you drive a newer or financed vehicle that would be expensive to repair or replace.

Gap Insurance

Pays the difference between the vehicle’s market value and the amount you owe on a loan or lease if your car is totaled. It is especially beneficial for motorists with a new car or a vehicle loan with low equity, to help avoid out-of-pocket expenses for loan balances.

Why Should I Seek Legal Help After a Fort Worth Car Crash?

Seeking legal help after a car crash in Fort Worth is important to maximize your chance of receiving the highest compensation possible, especially if the incident resulted in injuries, disputes or significant damages.

• Navigating Complex Insurance Claims: Insurance companies aim to minimize payouts, and their processes can be complex; an attorney can handle communications and negotiate fair settlements to circumvent insurers pressuring lowball offers.
• Establishing Fault and Liability: Determining fault is critical in an at-fault insurance state like Texas. A lawyer can gather evidence to build a strong case to prove the other party’s negligence.
• Maximizing Compensation: A skilled attorney can calculate the full value of your claim, including future medical expenses, noneconomic losses and lost earning capacity.
• Meeting Deadlines and Legal Requirements: Texas has a two-year statute of limitations for personal injury claims, an attorney can assist in creating the claim and ensure all paperwork is completed accurately and submitted on time.
• Representing You in Court: Many injury cases are resolved before reaching court through negotiations or settlements. Our lawyers at Anderson, Cummings & Drawhorn can help facilitate these negotiations, ensuring you receive a fair settlement while avoiding the time and expense of a courtroom battle.

Injured in a Car Crash? Contact Anderson, Cummings & Drawhorn Today

Anderson, Cummings & Drawhorn. We get results for you. Call: (817) 920-9000 today.