Were you injured in a car accident in Texas? Wondering how fault will affect your ability to recover compensation? You’re not alone. With over 4,283 traffic deaths and 250,335 injuries in 2023 alone, Texas roads can be dangerous, and proving fault is often the key to a successful injury claim.
Texas follows a fault-based system, meaning the at-fault driver (or their insurer) is responsible for covering damages. But determining car accident fault in Texas isn’t always straightforward. Police reports, witness statements, and evidence all play a role, and any disputes over liability could delay or reduce your settlement.
Understanding how fault works could mean the difference between fair compensation and a denied claim if you’ve been hurt. Let’s break down what you need to know.
Understanding Texas’s Fault-Based System
In Texas, car accident claims are governed by a fault-based or tort liability system. This means the person who caused the accident, typically through negligence or a traffic violation, is financially responsible for the damages they cause. These damages may include medical bills, lost wages, vehicle repairs, and pain and suffering.
The Texas Transportation Code § 601.051 requires drivers to maintain minimum liability insurance coverage to cover these potential expenses. As of now, the minimum limits—often referred to as 30/60/25—are:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage
While these minimums offer basic protection, they may fall short in serious accidents. That’s why understanding how fault is determined and how it affects your claim is crucial.
Modified Comparative Fault Rule in Texas
Texas uses a modified comparative fault rule, outlined in Texas Civil Practice and Remedies Code § 33.001. Under this rule, you can recover compensation only if you are less than 51% at fault for the accident. If you’re found to be 51% or more responsible, you’re barred from receiving any compensation.
Even if you’re eligible to recover, your compensation will be reduced by your percentage of fault. For instance, if your damages total $100,000 but you’re found 20% at fault, you would receive $80,000.
This rule is vital in disputed cases where both drivers may share some blame. Insurance companies often use this to their advantage, so being prepared with evidence is essential.
How Fault is Determined
Assigning fault isn’t always black and white. Insurance adjusters and legal teams rely on a variety of evidence to piece together what happened. This includes:
- Police reports: Often the first official documentation of the accident, these may include citations issued, officer opinions, and witness accounts.
- Witness statements: Neutral third-party observations can help clarify how the crash unfolded.
- Photos and videos: Visual evidence from the scene—including skid marks, damage to vehicles, and road conditions—can be powerful.
- Expert analysis: In more complex cases, accident reconstruction experts may be brought in to provide a professional opinion on how the collision occurred.
Each piece of evidence contributes to determining who was negligent. Negligence may involve distracted driving, speeding, drunk driving, running red lights, failing to yield, or other reckless behavior.
Dealing With Insurance Companies
In Texas, you typically file a claim with the at-fault driver’s insurance company after an accident. The insurer will investigate the claim and may attempt to shift partial or full blame onto you to reduce their liability. This is why it’s important not to admit fault at the scene, sign anything without review, or give a recorded statement without legal advice.
If you disagree with the insurer’s findings, you have the right to challenge them. That’s where a personal injury attorney can provide critical support, helping you gather evidence, interpret applicable laws, and negotiate for a fair settlement.
When to Consider Legal Action
If the insurance company denies your claim or offers a settlement that doesn’t reflect the full extent of your damages, filing a personal injury lawsuit may be your next step. In Texas, you generally have two years from the accident date to file a lawsuit, according to Texas Civil Practice and Remedies Code § 16.003.
However, waiting too long can weaken your case. Evidence can disappear, witnesses may forget details, and legal deadlines can expire. Taking early action improves your chances of a successful outcome.
