Texas uses a fault-based system when it comes to car accidents, meaning that the driver at fault for the accident is responsible for paying for the damages caused by their actions.
This system provides a way for victims to get fair restitution, and it allows them to hold those who acted carelessly accountable for their actions. Having a clear understanding of how this system works will allow the driver to properly protect their rights after being involved in an accident.
Understanding how negligence and liability work gives you access to many different types of compensation after you have been in a car accident, including medical expenses and lost wages.
Texas is a Fault-based State
The State of Texas is known for using a traditional tort system for handling automobile accidents, meaning that the person responsible for causing the accident is financially responsible for compensating any victims for injuries as a result of the accident.
The process of determining whether the at-fault driver was negligent when driving will ultimately dictate whether they will be required to compensate an injured party for damages caused by their negligent actions.
To successfully prove that a driver was negligent, four different components must be established:
- A duty of care exists between all drivers to drive in a safe manner.
- There was a breach of duty when the driver engaged in reckless behavior, such as speeding or running a red light.
- That act of negligence directly caused the injuries and damages sustained by the victim.
- Because of the negligent actions of the at-fault driver, the victim suffered financial losses, such as medical bills and/or lost wages.
Revised Negligence Standards in Texas
In Texas, the Shared Negligence Rule states that if you have less than 51% contribution to the cause of an injury, you can recover against the other person as long as you are not more than 51% at fault.
However, if you are at least 51% at fault, you cannot recover at all, and the bar against recovery is absolute with no exceptions.
The shared fault standard is set up to encourage drivers to drive safely while allowing an injured party to recover for the safe-driving party’s portion of an injury sustained by the safer-driving party.
Methods of Determining Fault
In determining fault in a motor vehicle accident, investigators put the pieces together logically and consider the evidence available.
- The police report(s) generated after an accident are where investigators begin.
- Investigators will also obtain photographs of the accident scene, as well as the damage to the vehicles involved, and will determine the angle of impact based upon the damage to the motor vehicles.
- Statements from eyewitnesses assist the investigators in determining the sequence of events leading up to the accident, as well as any misconduct on the part of the drivers involved in the accident.
- If there is dashcam footage of the accident, it is by far the best corroboration of the truth; it provides irrefutable evidence as to how the accident occurred.
- In addition, crash scene experts will use the marks left on the pavement (skid marks) and reconstruct the scene to determine the speed both vehicles were traveling at prior to impact.
Key Takeaways
- Record as much documentation as possible as soon as an incident occurs to strengthen your case.
- Be aware of the “51% Rule” to estimate your chance of recovering your losses.
- Seek assistance from experts early on in your case about how to gather evidence to develop a strategy for getting the most out of your case.
- Make sure to review any insurance coverage that you have before an incident so that you can identify any problems before they happen.
- If you believe that you are not getting a fair shake about liability, then pursue all available avenues of relief until you believe that it is worth it to stop pursuing your claim.
