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How is Fault Determined in a Car Accident in Texas?

November 6, 2018|POSTED BY condor
Car Accident Attorney Texas

Unfortunately, car accidents are very common and happen every single day. This is no exception in the state of Texas. If you have been involved in a collision, you may want to speak to an attorney to initiate a lawsuit, especially if you sustained a personal injury and your vehicle has suffered damages. It’s important to know how fault is determined in your state to be able to prove your case.

Required Minimum Insurance Coverage in Texas

Texas is one of the states that requires all drivers to buy auto insurance as per its financial responsibility law. Generally speaking, the minimum amount that a driver is required to have is $30,000 for bodily injury and $25,000 for property damage. In the event that the minimum insurance coverage amount is not sufficient to compensate the injured party, that individual has the right to sue for the difference.

Statute of Limitations for Car Accidents in Texas

Just as all the states in the country have a statute of limitations for filing a lawsuit, Texas does as well. This is the period of time in which a lawsuit can be initiated and is two years from the date of the car accident. If the injured party does not file a lawsuit within that time frame, they will be unable to present their case and will not receive compensation for their injuries and/or vehicle damage.

Comparative Negligence Laws

In order to prove fault in a car accident in the state of Texas, it’s important to know that there is a law known as comparative negligence. In general, if it is completely obvious who was at fault for the accident, the injured party can claim compensation for their medical bills, vehicle damage, lost wages and other losses directly through the other person’s auto insurance carrier. However, if it is found that the plaintiff was also partially at fault for the accident, things go a bit differently.

Texas has a rule known as “modified comparative fault,” which means that both parties share the blame for an accident. Generally, the blame is split in terms of how much at fault each person is found to be. For example, if an accident took place where the defendant ran a stop sign but the plaintiff was traveling just slightly over the speed limit, the latter might be considered 10 percent at fault. In other words, if the plaintiff was claiming $10,000 in damages, they would receive $9,000 to make up for their 10 percent responsibility for the accident.

In addition to this, if the injured party is found to be more than 50 percent at fault for a car accident in Texas, they would not receive any compensation. This also stands true for cases where the plaintiff attempts to go through an insurance company to receive compensation for their damages. To that end, it’s important to speak with a skilled Texas personal injury attorney like Brett Cain if you are in such a situation.

Contact the Cain Firm at your earliest convenience to discuss your case today. Brett Cain will provide you with the best legal expertise and help you to get your claim started. He will inform you of the best legal course of action and ensure you understand the laws involved in your case.


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