Proving Negligence in a Texas Personal Injury Claim

There is currently no statute on the books that specifically addresses the issue of automobile collisions. To this day, the state legislature in Texas has not passed a law with a “Thou Shalt Not” provision that prohibits cars from colliding with other vehicles for no apparent reason.

Instead, most personal injury claims resulting from motor vehicle incidents are founded on a court-created theory of negligence. This is a fairly broad concept, which essentially says that all persons are expected to behave with reasonable care and that acting in a manner that is inconsistent with this “reasonable person standard” constitutes a breach of the theory. Because of this infraction, the driver is considered negligent, and as a result, the victim is entitled to financial compensation.

Still, there are numerous categories of cases involving personal injuries. If you have questions about how to move forward with a claim, our team at the Rasansky Law Firm in Dallas will handle your case with the utmost professionalism and perseverance.

How to Report an Auto Accident in Texas

Any driver involved in a collision in Texas must report the occurrence promptly to the local police station (if the crash occurred within a municipality).

Otherwise, Lone Star State drivers are required to report auto accidents in Texas to the local sheriff’s office (for wrecks located outside of a municipality). It is particularly vital to contact the authorities if the occurrence resulted in injuries or deaths or if the damage to a vehicle prohibits it from being driven away safely.

Notifying Insurance Companies of a Car Wreck

Texas is neither one of the states that require policyholders involved in a car accident to inform their auto insurance nor does it have such a law.

Proving Negligence in a Texas Personal Injury Claim

But generally, most auto insurance policies require the policyholder to report an accident to the insurer promptly. The sooner the insurance company is informed of an accident, the sooner it can investigate or defend a claim. Learn how vehicle insurance companies investigate claims.

The insurer may deny coverage for a collision if the insured fails to report the incident within a particular (“reasonable”) period of time. Depending on the circumstances, an insurance provider may permit less than one week to file a claim after a car accident.

Even if your incident was very small and did not exceed the Texas standard for a reportable collision, you should still notify your auto insurer. Being proactive guarantees that your insurance will provide coverage if you need it.

Is Texas a No-Fault State?

In the meanwhile, drivers in the Lone Star State must have a fundamental understanding of fault.

Approximately a dozen other states have some no-fault vehicle insurance system, meaning that after a collision, drivers use their own insurance to make claims for injuries and some out-of-pocket expenditures, regardless of who was at fault. Understand the basics of no-fault vehicle insurance.

In practice, if you are hurt in a car accident in the state of Texas, you have access to a full range of choices because it is a fault state. You have the option of filing a claim with the insurance company of the driver who was at fault or a lawsuit against the other driver.

Shared Fault or Responsibility in a Texas Crash

Still, keeping Texas’s comparative modified negligence law in mind is important.

Consider the following scenario: a jury comes to the conclusion that the total amount of your award for damages should be $150,000. (this includes any costs associated with your medical care, missed earning potential or income, damage to your vehicle or property, and so on). On the other hand, the jury comes to the conclusion that you share 30% of the blame for the crash (perhaps because you were driving too quickly for the conditions or because you failed to signal).

You are eligible to get 70% of the total damages, or $105,000, per the comparative negligence laws that apply in Texas. In this scenario, you would still recover a sizeable amount of money, but it is possible that it would not cover all of the money that you lost.

If it is determined that you were at least partially responsible for the incident, you will be ineligible for financial compensation since Texas is a state that applies a modified form of comparative negligence for determining fault.

Not only is evidence of comparative negligence acceptable in court, but it also plays a role in how the claims adjuster for your auto insurance company evaluates your claim. In the end, a claims adjuster will base their decisions on what they believe would happen if the case were brought before a judge.

On the other hand, do not let the prospect of dealing with bureaucracy and red tape deter you from pursuing a settlement or a lawsuit following a vehicle accident. Instead, you should speak with a personal injury attorney in Dallas about your predicament and the most appropriate course for you and your family.

Call the Rasansky Law Firm in Texas

Tens of thousands of families in our state are impacted in some way by automobile accidents and other related incidents.

If you are coping with the consequences of a significant car crash, you should not hesitate to contact a personal injury lawyer in Dallas. It’s possible that you could get compensated for your injuries and upcoming financial obligations, depending on the circumstances.

At the Rasansky Law Firm in Dallas, our staff has over three decades of expertise in helping victims of accidents caused by careless and reckless drivers to go on with their lives. Our clientele receives trustworthy legal counsel from our group of experienced and well-regarded attorneys that work together as a team. We are willing to explore the circumstances surrounding your accident and assess the legal options available to you.

If you or a loved one has been hurt in a car accident in Texas and you have concerns about the legal options available to you, please do not hesitate to call our legal team at 214-617-1816 for a free examination of your case any time, day or night, seven days a week.



2525 McKinnon Street #550 Dallas, Texas 75201

Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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