Being involved in a car accident can be overwhelming—especially when it’s through no fault of your own. In Texas, which operates under an at-fault system, determining fault isn’t just about assigning blame; it directly affects who pays for medical bills, property damage, and other losses. In this article, the personal injury attorneys at Varghese Summersett explain what ‘at-fault accidents’ mean for Texas drivers and outline the steps you should take after being injured in a collision.
What is an At-Fault Accident State?
Texas operates under an at-fault accident system, which means the driver responsible for causing an accident is also responsible for the resulting damages. This includes medical bills, property damage, lost wages, and pain and suffering. In at-fault states like Texas, California and Geogia, the victim has the right to seek compensation from the at-fault driver or their insurance company.
This system stands in contrast to no-fault states like Florida, Michigan, and New York, where each driver’s insurance pays for their own damages regardless of fault. Understanding this distinction is critical because fault determines liability in Texas car accidents. If you’ve been injured in an at-fault state, building a strong case to establish the other driver’s negligence is essential to securing fair recovery.
Indications a Driver is At-Fault
Determining fault in an vehicle accident often comes down to identifying negligence or a failure to follow traffic laws. Here are some common indications that a driver may be at fault:
Traffic Violations
- Running a red light or stop sign
- Speeding or driving too fast for road conditions
- Failing to yield the right of way
- Improper lane changes or unsafe merging
Distracted Driving
- Texting, talking on the phone, or using in-car technology
- Eating, drinking, or engaging in other distractions behind the wheel
- Failing to pay attention to surrounding traffic or road conditions
- Following Too Closely (Tailgating)
- Rear-end collisions often indicate that the following driver did not maintain a safe distance to stop in time.
- Evidence of alcohol or drug use, such as failed sobriety tests, can establish fault.
Reckless or Aggressive Driving:
- Excessive speeding, weaving between lanes, or ignoring traffic signals
- Road rage behaviors that endanger others
- Failure to Maintain Control
- Losing control of a vehicle due to negligence, such as driving too fast on wet roads or overcorrecting, may point to driver fault.
- Worn brakes, malfunctioning lights, or bald tires that contribute to the accident
By identifying these indications, insurance companies, legal professionals, and courts can determine who is liable for an accident. If you’ve been involved in a crash and suspect another driver is at fault, gathering evidence such as photos, reports, and witness information is critical to proving your case.
How Is Fault Proven in a Texas Car Accident?
Fault in Texas car accidents is determined through evidence and investigation. Determining fault involves several key factors:
- Police Reports: Law enforcement officers responding to the scene document observations, take statements, and may assign fault in their official report. While the report itself is not conclusive in court, it plays a significant role in insurance claims and settlement negotiations.
- Witness Statements: Neutral third-party witnesses can provide invaluable insight into how the accident occurred. Their testimony can corroborate or dispute each driver’s account.
- Physical Evidence: Skid marks, vehicle damage, traffic camera footage, photographs, and other physical evidence help reconstruct the sequence of events leading to the crash.
- Driver Apologizes: If a driver apologizes or admits to being distracted or negligent at the scene, this can be used as evidence of responsibility.
- Comparative Negligence: Texas law applies a modified comparative negligence rule (discussed further below), which means fault can be shared among multiple parties. Hiring an attorney can ensure a thorough investigation of the evidence to build a strong case for compensation.
The Difference Between an At-Fault Accident State and No-Fault States
In at-fault states like Texas:
- The driver responsible for the accident pays for the victim’s damages through their insurance.
- Victims have the option to file a claim with the at-fault driver’s insurance, file a personal injury lawsuit, or claim under their own insurance (depending on coverage).
In no-fault states:
- Each driver’s insurance pays for their own damages, regardless of who caused the accident.
- Legal action against the at-fault party is typically limited unless serious injuries occur.
The Texas at-fault system gives victims greater flexibility but requires clear proof of fault to recover damages.
Common Misconceptions About At-Fault Accident States
- “The at-fault driver always pays out of pocket.”
In most cases, their insurance pays, unless damages exceed coverage limits.
- “Fault is always clear-cut.”
Determining fault often involves disputes and investigations.
- “You can’t file a lawsuit.”
In Texas, victims can pursue legal action when necessary.
Advantages and Challenges of an At-Fault System
Advantages
- Accountability: Drivers are held responsible for their actions.
- Compensation Options: Victims can file claims directly with the at-fault driver’s insurance, pursue a lawsuit, or rely on their own coverage.
Challenges
- Disputes Over Fault: Insurance companies often dispute liability to avoid paying claims.
- Underinsured Drivers: Many drivers carry minimum coverage, which may not be sufficient for major accidents.
Navigating these challenges can be overwhelming without legal assistance.
Insurance Requirements in an At-Fault Accident State
Texas law mandates that all drivers carry minimum liability insurance to cover damages they cause in an accident. These requirements, under the state’s minimum liability insurance requirements, are:
- $30,000 for bodily injury per person
- $60,000 for total bodily injury per accident
- $25,000 for property damage
This is often referred to as 30/60/25 coverage. Drivers who fail to maintain insurance face penalties, including fines, license suspension, and vehicle impoundment.
However, minimum coverage may not be enough in accidents involving severe injuries or substantial property damage. In such cases, the at-fault driver may be personally liable for damages exceeding their policy limits.
What If I’m Partly at Fault? Comparative Negligence in Texas
If you believe you may be partially responsible for an accident, it’s important to understand how Texas law handles shared fault. Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code §33.001. Here’s how it works:
You can recover damages only if you are 51% or less at fault for the accident. If you are partially at fault, your compensation is reduced by your percentage of fault.
For example, If your damages total $100,000 but you are found 20% at fault, you can recover $80,000. If you are 51% or more at fault, you cannot recover any damages. This rule makes it essential to build a strong case demonstrating the other party’s fault.
This rule highlights the importance of building a strong case to demonstrate the other party’s fault and minimize your percentage of liability. An experienced personal injury attorney can gather evidence, consult with experts, and negotiate on your behalf to ensure your level of fault is accurately represented—maximizing the compensation you deserve.
Will Insurance Go Up if You’re At-Fault for an Accident?
Yes, your car insurance premium will likely increase if you’re found at fault for an accident. Insurance companies calculate premiums based on risk, and being at fault signals a higher likelihood of future claims. The amount of the increase depends on several factors, including the severity of the accident, the cost of the claim, your driving history, and your insurance provider’s policies.
If it’s the your first at-fault accident and you have a clean driving record, some insurers may offer accident forgiveness, which prevents your premium from increasing. However, if you’ve had multiple accidents or traffic violations, the impact on your premium could be more significant.
Steps to Take after an Accident in an At-Fault State
If you’re injured in an accident in Texas through no fault of your own, it’s imperative to take the following steps and strengthen your claim:
- Always Carry Adequate Insurance: Texas law requires drivers to carry liability insurance, but not all drivers comply or have sufficient coverage. To protect yourself, consider adding uninsured/underinsured motorist coverage to your policy. This can help cover your expenses if the at-fault driver lacks adequate insurance.
- Report the Accident: Notify law enforcement immediately, even for minor accidents. A police report is a critical piece of evidence that can help establish fault. Exchange contact and insurance information with the other driver, but avoid admitting fault or making speculative statements about the accident.
- Document the Scene: Collect as much evidence as possible at the scene of the accident:
* Take detailed photos of the vehicles, damage, injuries, and road conditions.
* Gather witness contact information and statements. Witnesses can provide impartial accounts of what happened.
* Note important details, such as time, location, and weather conditions. - Seek Medical Attention: Even if you feel fine, seek medical attention as soon as possible. Some injuries, like whiplash or internal trauma, may not present symptoms immediately. A prompt medical evaluation creates a record of your injuries, which is essential for proving your case.
- Contact a Personal Injury Attorney: Navigating the aftermath of an accident in an at-fault state like Texas can be challenging, especially when insurance companies are involved. They may dispute liability or attempt to minimize your payout. An experienced personal injury attorney will:
* Investigate the accident and gather evidence to prove fault.
* Handle communications and negotiations with insurance companies.
* Advocate on your behalf to ensure you receive fair compensation for medical bills, lost wages, property damage, and pain and suffering.
By taking these steps promptly, you not only protect your health but also strengthen your case to secure the compensation you deserve. If you’ve been injured due to another driver’s negligence, contacting a trusted personal injury attorney can make all the difference in achieving a successful outcome.
When to Consider Filing a Personal Injury Lawsuit Against an At-Fault Driver
In many personal injury cases, insurance claims are resolved through negotiations, but there are situations where filing a lawsuit becomes necessary to protect your rights and secure fair compensation. You should consider pursuing a personal injury lawsuit if:
- The Insurance Company Denies Liability
If the at-fault driver’s insurance company refuses to accept responsibility for the accident, they may deny your claim entirely. This often happens when liability is disputed, or the insurer attempts to blame you for the accident. Filing a lawsuit allows you to present evidence, challenge their denial, and hold the responsible party accountable. - The Settlement Offer Is Insufficient to Cover Your Losses
Insurance companies often try to settle quickly for far less than what your case is worth. If the settlement offer does not adequately cover your medical expenses, property damage, lost wages, and other losses, filing a lawsuit can force the insurer to reconsider and may lead to a higher payout through negotiations or trial. - You Suffered Severe Injuries
Serious injuries often require long-term medical treatment, rehabilitation, or even lifelong care. Additionally, these injuries may impact your ability to work, significantly affecting your livelihood. Filing a lawsuit allows you to pursue compensation not just for current expenses but also for future medical costs, lost earning capacity, and ongoing care needs. - You Are Entitled to Non-Economic Damages
Texas law allows injured individuals to seek compensation for non-economic damages—such as pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish. Insurance companies often undervalue these damages, making it necessary to file a lawsuit to ensure you receive the full compensation you deserve. - The Statute of Limitations Is Approaching
In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. If negotiations with the insurance company stall or remain unproductive, filing a lawsuit ensures you don’t lose your right to pursue compensation under the law.
Filing a personal injury lawsuit may seem daunting, but it is often the most effective way to secure justice and full financial recovery. By working with an experienced personal injury attorney, you can level the playing field, navigate the complexities of the legal process, and fight back against insurance companies that fail to treat you fairly. At Varghese Summersett, we are committed to advocating for our clients every step of the way—ensuring you receive the compensation you need to move forward.
Why Having an Experienced Personal Injury Attorney Matters
When you’re involved in an accident, navigating the legal and insurance processes can be overwhelming, especially while trying to recover physically and emotionally. This is where an experienced personal injury attorney becomes invaluable. Here’s why:
- Thorough Investigation to Prove Fault
Determining who is at fault is critical to securing compensation. An experienced attorney will conduct a comprehensive investigation, gather evidence such as police reports, witness statements, and accident reconstructions, and consult with experts when necessary to build a strong case that clearly establishes liability. - Skilled Negotiation with Insurance Companies:
Insurance companies often try to minimize payouts, offering settlements that are far below what you deserve. A seasoned personal injury attorney knows how to counter these tactics, leveraging their experience to negotiate effectively and ensure you receive fair compensation for medical expenses, property damage, lost wages, and pain and suffering. - Representation in Court When Necessary:
While many personal injury claims are resolved through settlement, some cases require litigation. If a fair agreement cannot be reached, a skilled attorney will represent you in court, presenting a compelling case before a judge or jury to fight for the compensation you deserve.
At Varghese Summersett, our team of dedicated personal injury attorneys has the experience, resources, and tenacity to take on insurance companies and ensure you receive the maximum recovery you’re entitled to. We understand what’s at stake and are committed to standing by your side every step of the way—so you can focus on healing while we focus on winning.
Injured in an Accident? Contact Varghese Summersett Today
If you’ve been injured in a Texas car accident, don’t wait to seek legal help. Evidence can disappear, and delays may jeopardize your case. At Varghese Summersett, we understand the challenges you face and are committed to fighting for the compensation you deserve.
Call us today at (817) 203-2220 or contact us online to schedule a free consultation. Let us handle the legal complexities so you can focus on healing.
