If you’ve been the victim of an accident through no fault of your own, it’s reasonable to wonder how no-fault laws work in Texas. In most cases, the person who pays for damages following a car collision depends on whether or not it took place in a no-fault state. But is Texas a no-fault state, and how would that affect you following an accident?
Let’s talk more about how the laws around car accidents work in Texas and what you should do if you were involved in an accident that wasn’t your fault.
What Do No-Fault Laws Mean in Car Accidents?
What do no-fault laws mean in car accidents, and what are the proper steps to take in Texas if you’ve been in an accident?
No-fault laws mean that individual drivers turn to their own insurance companies to seek compensation following injuries incurred from a car accident. Following a car accident in a no-fault state, the insurance companies for each driver will be responsible for paying for compensation, irrespective of which driver may have been responsible for the accident.
In no-fault states, drivers do not receive compensation from their insurance companies if they are responsible for the crash. It also means that the parties involved can avoid expensive litigation.
However, Texas is not a no-fault state. The no-fault rules do not apply, and instead, a driver will have to file a claim against another to secure compensation for their injuries.
What Is the Difference Between Fault and Liability?
As no-fault laws do not apply in Texas, there are other options available for seeking damages under what’s known as the tort liability system in Texas. That means a driver who is considered responsible for an accident is also liable to pay compensation for damages that the accident caused.
One option is to file a claim against the insurance company of the driver you think was responsible for the accident.
An alternate option is to go to the responsible driver directly and file a lawsuit against them.
The option you choose will depend on which one you think is feasible and will deliver the best outcome for you.
If you’ve been injured by the negligence of another, you could hire any car accident attorney in Katy, or you can hire certified Houston auto accident attorney. Joe Stephens has been defending injury victims in Texas for over 3 decades from negligent individuals, companies, and greedy insurance companies. As a top rated personal injury attorney in Katy, Joe handles all cases personally, and his staff is always available to answer questions.
What Happens When Fault Is Unclear?
In some cases, it is unclear who is the at-fault party. It might be that both parties have a shared fault, which is a modification of the comparative fault rule.
The rule has a 51% bar, which means that you can still get compensation for an accident even if it was your fault, provided that you are not more than 51% at fault for the accident.
If you’re less than 51% at fault for the accident, you can get compensation, but the degree of fault will determine how much compensation you can receive.
This case might arise where, for example, you collide with a drunk driver while you were distracted from driving at the time of the collision. You may be deemed 10% responsible for the collision and will still receive some compensation.
If You Were Injured in a No Fault Car Accident Call Houston Accident Attorney Joe Stephens
If you’ve been injured following a car accident that wasn’t your fault, you could be entitled to compensation. However, given the complex Texas legal system, your best shot at securing that compensation is by liaising with an experienced auto accident attorney.
An experienced attorney can make understanding the law around car accidents much easier by explaining what no-fault laws mean in car accidents and how they apply in your case.
They can also walk you through the legal process step by step, helping you assemble the facts of the case into a robust account, fill in the correct forms, draft legal letters and advise you on what to say if you have to appear in court.
If you or a loved one have been in a car wreck in Texas, call auto accident attorney Joe Stephens now.
Joe Stephens has many years of experience as an auto accident attorney in Texas and has built up a strong reputation for working hard to deliver the best results for clients.
Get in touch with Joe Stephens as soon as possible — the earlier you initiate legal proceedings, the best chance you have at securing the compensation you deserve.
The Stephens Law Firm, Car Accident Lawyers handles auto accident lawsuits across Texas, including these Houston cities.