Texas Is an At-Fault State: What This Means if You Get into a Car Crash

If you get into a Fort Worth car accident, you will need to know how at-fault insurance claims work. In at-fault states, the driver responsible for the accident will be liable for damages, including your medical costs, property damage, lost wages and other losses.

At Anderson Cummings & Drawhorn, our dedicated Fort Worth car accident attorneys are ready to guide you through every step of the legal process. We fight to hold at-fault parties accountable for their negligent actions and for the full and fair compensation you deserve.

What Is an At-Fault Insurance State?

An at-fault insurance state, also known as a tort state, is a system where the driver responsible for causing a car accident is liable for covering the damages. These damages include property damage, medical expenses and other costs associated with the crash.

How Do No-Fault States Differ From an At-Fault State?

In states where no-fault insurance applies, drivers rely on their own policies to cover certain losses, such as those stemming from medical bills, regardless of which driver caused the accident. These costs are typically covered under Personal Injury Protection (PIP) coverage, which is a mandatory requirement in no-fault states.

While Texas drivers have the benefit of more options for recovering compensation for their damages, there must be evidence of negligence.

How Can Fault for a Texas Car Crash Be Proved?

After a Texas car crash, proving fault requires strong evidence to support your claim. Insurance companies look for evidence that clearly shows how the other driver caused the accident and your resulting injuries.

Evidence may include:

• Police Reports and Citations: Official accident reports document traffic violations, statements from drivers and witnesses, and the officer’s assessment of how the crash occurred.
• Photo and Video Evidence: Pictures of vehicle damage, skid marks, road conditions, and traffic signs/signals can demonstrate how the accident happened.
• Witness Statements: Independent accounts from people who saw the crash provide unbiased statements about what happened.
• Surveillance Footage: Traffic cameras, dashcams, or nearby security cameras may have captured the accident.
• Expert Analysis: While not always needed, accident reconstruction specialists examine evidence, like vehicle damage patterns and road marks, to determine how the crash occurred.
• Medical Records: Records from your emergency room visit after the crash establish the date of your injuries, along with the initial diagnosis and treatment. They also provide a detailed record of your follow-up visits and ongoing treatment. This documentation is key as it helps to link your injuries directly to the crash that caused them. It also provides proof of the severity of your injuries.

What Types of Driver Negligence May Establish Fault for a Car Crash?

Drivers can be held legally responsible for a crash in Texas when their careless or reckless actions directly cause an accident. Here are some of the most common types of driver negligence that may demonstrate the other party’s negligence in your claim:

• Driving While Distracted: Using a cell phone, texting, eating, or any activity that takes attention away from the road shows clear negligence and is documented in police reports
• Breaking Traffic Laws: Running red lights, speeding, improper lane changes, or failing to yield right-of-way demonstrate a failure to follow basic safety rules.
• Impaired Driving: Operating a vehicle under the influence of alcohol or drugs shows reckless behavior that makes the driver clearly at fault
• Reckless Behavior: Tailgating, road rage incidents, or aggressive driving maneuvers prove a driver’s disregard for others’ safety
• Drowsy Driving: Falling asleep at the wheel or driving while fatigued can be proved through work schedules, driver logs (truck drivers), cellphone records, social media accounts or witness statements.

How Does At-Fault Insurance Work In a Texas Car Crash Claim?

In Texas, injured victims can file a claim against the at-fault party’s insurance company to recover damages, but they have the burden of first proving the other driver’s negligence. This process is rarely straightforward. To complicate things further, insurance companies,  which are focused on their bottom line, often try to shift blame from their policyholder to the victim. They are also likely to offer settlements that are well below what your claim is worth.

These are just a few reasons why we strongly recommend speaking with a knowledgeable attorney. Attorneys know how to gather strong evidence, establish negligence and dispute arguments presented by the liable insurance company.

What If I Am Partially At-Fault for My Fort Worth Car Accident?

Under the state’s modified comparative negligence rules victims who are 50 percent or less at fault may still be eligible to recover some compensation. However, any compensation awarded to you will be reduced by your percentage of fault. Victims found 51 percent or more to blame for the crash, are barred from recovering any compensation for their damages.

Insurance companies often try to shift blame of their policyholders to lower payouts. This is one reason why having experienced legal representation is essential to securing a favorable outcome in your claim.

What Are the Minimum Auto Insurance Requirements in Texas?

Texas law requires drivers to carry minimum liability insurance, known as 30/60/25 coverage, to operate a vehicle legally. This includes $30,000 per person and $60,000 per accident for bodily injury, along with $25,000 per accident for property damage. These minimums cover damages to others but do not protect personal injuries or vehicle damage, drivers may need additional coverage like collision or comprehensive insurance for added protection.

Comprehensive Insurance Options for Added Protection After a Crash

When it comes to protecting yourself and your vehicle, add-on insurance options can provide valuable coverage beyond the state-required minimums, ensuring you are fully prepared for unexpected situations.

Uninsured/Underinsured Motorist Coverage

Protects you if you are involved in an accident with an uninsured driver or a driver with insufficient coverage.

Personal Injury Protection (PIP)

Pays for medical expenses, lost wages and other costs that resulted from the car crash, regardless of fault. Which is useful in an at-fault state for covering immediate medical needs and lost wages, especially if the other party has insufficient coverage or is slow to settle.

Collision Coverage

Covers costs of repairing or replacing your vehicle after an accident, regardless of fault. Particularly valuable if you drive a newer or financed vehicle that would be expensive to repair or replace.

Gap Insurance

Pays the difference between the vehicle’s market value and the amount you owe on a loan or lease if your car is totaled. It is especially beneficial for motorists with a new car or a vehicle loan with low equity, to help avoid out-of-pocket expenses for loan balances.

Injured in a Car Crash? Call Our Trusted Law Firm Today

At Anderson, Cummings & Drawhorn, we are well-versed in how insurance companies will try to reduce the value of your claim. Let our knowledgeable legal team manage the complex legal process while you focus on recovery. We are prepared to fight for maximum compensation through aggressive negotiation. If it becomes necessary, we are also prepared to represent you in court.

Our trusted law firm has secured millions in compensation for our clients, and we are committed to advocating for your rights. Contact us to schedule a consultation and take the first step toward getting the compensation you need.