If you or a loved one has recently been injured in a car accident in Texas, it is important to understand your rights and your ability to hold the negligent driver liable for your damages. One of the first things to do is report the accident to your insurer as soon as possible to ensure it starts the accident investigation or defends a claim.
Texas is a fault state, as opposed to a no-fault state. In a fault state, the driver who causes an accident is responsible for compensating the other party for any losses (e.g. medical bills, lost income, property damage, etc.). By contrast, a no-fault state requires drivers to file a claim with their own insurance companies – no matter who is to blame for the crash.
The following are several ways you can file a claim against the at-fault driver:
File a claim with your insurer to begin an investigation
File a claim with the at-fault party’s insurer
File a personal injury lawsuit in civil court
However, what happens if you and the other driver share fault? For example, what if the other driver was texting while driving before the collision, but you were driving several miles per hour over the speed limit when the crash occurred.
When it comes to shared fault, Texas adheres to a “modified comparative fault” rule. According to this rule, the injured party’s (also known as the plaintiff) total award will be reduced by their share of the blame for the crash.
For instance, if the jury awards you with $100,000, but the jurors also found you to be 30 percent liable for the collision, then you will be entitled to $70,000 or 70 percent of the remaining sum. However, if you are found to be over 50 percent responsible for the accident, then you will be entitled to no award.
Injured in a car accident in Bryan or College Station, TX? Contact Rodriguez & Gimbert, P.L.L.C. today at (979) 559-3599 and request a free consultation.