After a car accident or other personal injury, victims often wonder how they will receive compensation for the losses they have incurred. Texas is a fault state. That means that the party at fault is responsible for paying for the losses caused to those whom they have injured. Proving fault is a critical component to maximizing your compensation. A San Antonio car accident lawyer can answer all of your questions.
What Is the Difference Between a Fault and a No-Fault State?
In a fault state, like Texas, the person shown to be at fault for the accident is responsible financially for the losses caused to others. In a no-fault state, drivers are typically required to carry personal injury protection, or PIP insurance. This type of insurance provides coverage for a person’s medical expenses and other accident-related damages when they are involved in an accident, no matter who is at fault.
No-fault states require drivers to file a claim with their own insurance company for all damages. However, PIP coverage does not include all types of losses, including pain and suffering. That can make it challenging for victims to recover damages fairly.
How Fault Is Determined in Texas
Fault applies to those situations in which a person is negligent. To be negligent in an accident, a person must owe the victim a duty of care, such as driving within the terms of the law, and for some reason violates that duty of care. That violation causes an accident that leads to injuries.
The burden of proof in these cases is on the shoulders of the victim. That means that if you believe the other party is to blame, you must have evidence that supports those decisions. Evidence comes in numerous forms. To prove fault in a car accident, key evidence your attorney will likely seek includes:
- Expert testimony
- Photos of the accident scene
- Police reports
- Damage to the vehicles
- Accident reconstruction services
- Witness statements
- Other forensic details from the accident
Having evidence that substantiates your claim is critical to demonstrating fault. For this reason, attorneys are often aggressive about seeking all available evidence to build a strong claim.
In Texas, More Than One Person Can Be at Fault
One of the most important factors to know about Texas fault laws is that both parties can hold some level of fault. That is, you may have contributed to the accident to a lesser degree than the other party. In Texas, modified comparative negligence applies. This means that you have the right to seek a claim for your damages even if you are at fault. A percentage of fault is applied to your role in the accident. Your damages are reduced by that percentage.
However, if you are found to be 51% or more responsible for the accident, you are unable to seek compensation from the accident. This is one of the reasons why your attorney will work aggressively to reduce any percentage of fault applicable in your case to the lowest amount possible. Doing so preserves your right to receive compensation.
Seeking Legal Guidance Is Critical
Texas is a fault state. In a fault state, victims must find the evidence to substantiate their claims and, as long as they are under 51% at fault, they can file a claim for their damages. This process can be complex, which is why it is so critical to seek legal action with the help of an attorney.