It happened in seconds. You were stopped at a red light in Houston when another driver slammed into the back of your car.
Once the shock faded, the questions started piling up: Who should pay for the injuries? What if the crash was partly your fault? Is Texas a no-fault state, where you just use your own insurance?
This guide answers the following questions:
No, Texas is an at-fault state for car accidents. After a crash, the driver who was responsible for or contributed to the crash can be held responsible for the injuries and losses that follow.
In a no-fault state, each driver’s own insurance pays for their injuries no matter who was at fault.
Only 12 states follow that system, including Florida, Michigan, New York, and New Jersey.
Car accident laws in at-fault states like Texas and 38 more work differently.
When the other driver(s) caused the crash, you can file a claim directly against them, so they cover your medical bills, lost income, and other losses.
Proving who’s responsible relies on solid evidence.
Evidence that can help establish fault includes:
The more solid evidence you have, the harder it will be for the other side to dispute what happened.
Texas follows a modified comparative negligence system, which means you can still recover damages as long as you’re found less than 51% at fault for the accident.
Your share of the blame directly affects how much you can recover. The higher your percentage of fault, the more your compensation is reduced.
Let’s say you’re in a crash in Dallas and your damages total $100,000. If you’re found 20% at fault, your compensation would generally be reduced by that 20%, so you’ll get around $80,000.
Accidents involving multiple drivers or vehicles can get more complicated, since fault can be split in several ways.
In a crash involving three cars, for instance, fault might be divided among all the drivers, with each one’s payout reduced by their own share of the blame.
If you’re found 51% or more at fault, Texas law generally bars you from seeking any compensation.
Because Texas is an at-fault state, the driver who caused the crash is responsible for the damage, and their liability insurance is usually what pays for it.
The minimum coverage amounts every driver must carry in Texas are known as 30/60/25 and include:
The catch is that if you’re in a serious accident and your losses go beyond the at-fault driver’s policy limits, their liability insurance won’t cover the difference.
If someone else caused the crash, you may file a claim against the at-fault driver’s insurance company and recover two types of damages: economic and non-economic damages.
Economic damages cover measurable financial losses and include:
Non-economic damages cover losses that don’t have exact financial figure but still affect your life:
Every case is different, so a Texas injury lawyer can review the details and help you understand what your claim may be worth.
In Texas, roughly one in eight drivers drives without insurance. If the driver who hits you has no coverage, you can’t file a claim because their policy simply doesn’t exist.
Can You Recover Compensation From an Uninsured Driver?
If you have uninsured/underinsured motorist (UM/UIM) coverage, it can pay for your injuries and losses when the at-fault driver has no insurance.
Insurance companies must offer UM/UIM coverage, but you can decline it by rejecting it in writing.
If you don’t have UM/UIM coverage, a Texas injury lawyer can look at your situation and explain your options.
Texas has legal deadlines for taking action after a car accident.
In Texas, you generally have two years from the date of the accident to file a personal injury claim against the driver who caused the accident.
Missing this deadline can mean losing your chance to seek compensation.
The two-year clock usually starts on the day of the crash, not the day you notice your injuries. Seeing a doctor early is one of the key steps to take after a car accident, even if you feel fine at first.
The two-year window may not apply in certain situations, for example, if the injured person is a minor or the accident involves a government vehicle or employee.
The compensation you can recover after a car accident in Texas depends on various factors, including
With 50 years of experience and offices in four Texas cities, Jim Adler & Associates has the skills, resources, and local knowledge to fight for the compensation you deserve.
Founded by Jim Adler, known across the state as The Texas Hammer®, El Martillo Tejano®, and The Tough, Smart Lawyer®, the firm and its team of attorneys have stood beside injured Texans and their families, recovering more than $1 billion for our clients.
We work on a simple promise: you pay nothing unless we win.
We know exactly how to prove fault, counter the other side, and pursue every dollar you’re owed.
Prefer to talk in Spanish? Our bilingual personal injury attorneys are here for you, every step of the way.
Have questions about your next steps? Talk to our personal injury attorneys.
No, Texas runs on an at-fault system, so if another driver causes your crash, you can file against their insurance to seek compensation for your injuries.
There’s no set figure. Value depends on your injuries, expenses, evidence, available insurance, and your share of fault.
Generally, two years from the date of the crash, though some situations can shorten or extend that window.
You pay nothing unless we win. Get your free case review today.
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