How Does Fault Affect Texas Car Accident Claims?

After a traffic collision in Texas, you may want to familiarize yourself with the following state regulations and guidelines, particularly if you want to file a claim:

The aftermath of a car collision might be marked by rage, bewilderment, agony, and suffering. You will have enough to worry about without having to deal with insurance and growing medical expenses, car damage, and the prospect of missing work. This is where we enter the picture.

Over the last 27 years, Rasansky Law Firm has earned an amazing track record of success by exclusively assisting clients dealing with their current circumstances. Fortunately, we operate on a contingent basis. In other words, you owe us nothing until we win your case and put money in your pocket.

There are several sorts of motor vehicle collisions; each needs a unique strategy to ensure that your rights are protected, and you get the compensation you deserve. As one of Dallas’s most seasoned personal injury legal offices, you can rely on us to handle your case with professionalism, tenacity, and your best interests in mind. If you have questions about how fault affects your car accident claim in Dallas, please reach out to our team.

How to Report a Car Wreck in Texas

According to state law, any motorist involved in a crash throughout Texas must immediately report the incident to the local police department (if the crash occurred within a municipality).

Otherwise, Texas drivers must report car wrecks to a local sheriff’s office (for wrecks located outside of a municipality). It’s especially important to call authorities if the incident resulted in injuries or fatalities to any victim or vehicle damage that prevents a car from being driven away safely.

Notifying Insurance Companies of a Car Accident

Texas is not among the states that require policyholders involved in an automobile collision to notify the incident to their auto insurer, nor does it have such a regulation.

How Does Fault Affect Texas Car Accident Claims?

Nevertheless, every vehicle insurance policy requires the policyholder to report a collision to the insurer quickly. The sooner the insurance is notified of an accident, the sooner it may begin investigating or defending a claim. Discover how auto insurance companies examine claims.

If the insured does not report their accident within a certain (“reasonable”) span of time, the insurer may refuse coverage for the collision. Depending on the circumstances, an insurance company may allow less than a week to report following an automobile accident.

Even if your vehicle collision was relatively minor and did not meet the threshold of a reportable collision in Texas, you should still report it to your car insurance company. Getting ahead of the game ensures that your insurer will offer coverage if you need it.

Fault vs. No-Fault in Texas

Meanwhile, a basic knowledge of fault is important for drivers throughout the Lone Star State.

Approximately a dozen states operate on some sort of no-fault system when it comes to auto accidents, meaning that following a collision, drivers utilize their own insurance coverage to file a claim for injuries and certain out-of-pocket expenses, regardless of who was at fault. Learn the fundamentals of no-fault auto insurance.

Texas is a fault or at-fault state. Essentially, in Texas, you have access to all available choices if you are wounded in a vehicle accident. You may either submit a claim with the at-fault motorist’s insurance company or sue the other driver in court.

However, like other states, Texas requires all drivers to maintain a minimum level of auto insurance coverage, and if they haven’t, demonstrate or prove their financial responsibility in the event of an accident.

Comparative Negligence in Texas

If the other motorist was solely responsible for your automobile accident, the outcome is typically easy to predict: the other motorist (via their insurance company) will reimburse you for your medical expenses, missed earnings, and the remaining damages. But what about when the aftermath of a wreck isn’t so clear-cut?

Texas applies a modified comparative fault standard when many parties are determined to share responsibility for an accident. In the unlikely event that an automobile accident lawsuit gets to trial, the jury will be asked to compute the total cash value of the plaintiff’s losses and the proportion of culpability assigned to each defendant based on the evidence. In accordance with the modified comparative fault rule, any plaintiff’s award of damages is cut by an amount proportional to their degree of culpability.

How Does Modified Comparative Fault Work?

For example, assume the jury determines that your total judgment of damages should be $150,000. (including your healthcare expenses, any lost earning potential or pay, vehicle and property damage, and so on). However, the jury also determines that you are 30% liable or at fault for the accident (perhaps you were driving too fast for the conditions or failed to signal).

In accordance with Texas’s comparative fault law, you are entitled to 70% of the entire damages, or $105,000. In this instance, you’d still secure a large amount, but your total recompense might fall short of your total losses.

Because Texas is a modified comparative fault state, you won’t be able to get a settlement if you are judged to share equal fault (at least 50%) for the collision.

Comparative negligence is not only binding in court, but it will also influence any auto insurance claims adjuster who evaluates your case. Ultimately, a claims adjuster makes choices based on what they believe will probably occur in the courtroom.

But don’t let the bureaucracy and red tape prevent you from seeking a car accident settlement or lawsuit. Instead, discuss your specific circumstances and the ideal course of action for you and yours with a Dallas personal injury attorney.

Contact the Personal Injury Lawyers at Rasanky Law Firm

In our state, automobile accidents touch tens of thousands of families. Despite the fact that some incidents only result in minor injuries, other victims are permanently disabled and in excruciating agony.

Don’t delay in asserting your legal rights after sustaining injuries in a crash. This might seriously compromise your prospects of recovery.

If you are dealing with the aftermath of a serious automobile collision, you must contact a Dallas car accident attorney right away. You may qualify for compensation to offset impending financial obligations.

Our team at the Rasansky Law Firm in Dallas has nearly three decades of expertise in assisting victims of accidents caused by careless and reckless drivers to go on with their lives. Our team of educated and well-respected lawyers serves our clients with knowledgeable and trustworthy legal counsel. We are ready to analyze the details surrounding your accident and assess your legal alternatives.

Contact our lawyers at 214-617-1816 for a free case review 24 hours a day, seven days a week, if you have been injured in a vehicle accident in Texas and have concerns about your legal options.

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