You may have heard that some states are “no fault” when it comes to car insurance. But is Texas a no-fault state?
Texas is an at-fault state, meaning that the driver responsible for causing the crash is financially liable for damages.
Unlike no-fault states, where each party typically seeks compensation from their own insurance first, Texas permits injured victims to file a claim against the at-fault driver’s insurance to recover compensation for medical bills, lost wages, and other damages.
Understanding Texas at-fault accident laws is essential if you seek compensation after a crash.
Our experienced El Paso, Texas car accident lawyers will explain what you should know.
For a free consultation, please don’t hesitate to call (575) 222-1000 or fill out our online form today.
What Is the Difference Between at-Fault and No-Fault States?
Auto insurance laws in the United States fall into two general categories: at-fault and no-fault systems.
The key difference is who pays for damages after a car accident.
- At-fault states (like Texas). The driver responsible for causing the accident is legally obligated to pay for the victim’s damages, often through their insurance policy. Injured parties can file a claim against the at-fault driver’s insurer or file a lawsuit if necessary.
- No-fault states. Each driver’s insurance covers their medical expenses and lost wages, regardless of who caused the accident. Injured victims are typically limited in their ability to sue unless their injuries are severe or exceed a certain threshold.
Since Texas is an at-fault insurance state, drivers must carry liability insurance to cover bodily injury and property damage in case they cause an accident.
How Do You Seek Compensation in an at-Fault State Like Texas?
In Texas, there are three primary ways to pursue damages, depending on the circumstances of your case.
Filing a Claim with the at-Fault Driver’s Insurance
The most common way to seek compensation is by filing a claim against the at-fault driver’s insurance policy.
Texas law requires all drivers to carry minimum liability coverage, which includes:
- $30,000 per person for bodily injury,
- $60,000 per accident for bodily injury, and
- $25,000 for property damage.
If your medical expenses, lost wages, or vehicle repairs exceed these limits, you may need to explore other avenues for compensation.
Using Your Own Insurance Coverage
If the at-fault driver lacks insurance or does not have enough coverage, you may be able to seek compensation through your own insurance policy.
Some insurance options that may apply include:
- Uninsured/underinsured motorist (UM/UIM) coverage. This insurance helps cover medical expenses and lost wages if the at-fault driver is uninsured or underinsured.
- Personal injury protection (PIP). PIP covers medical bills, lost income, and essential services regardless of fault. Texas insurers must offer PIP coverage, though drivers can opt out in writing.
These insurance options can provide essential financial protection when the at-fault driver’s coverage is insufficient, decreasing the likelihood that you will be left with unpaid medical bills or lost wages after an accident.
Filing a Personal Injury Lawsuit
If the at-fault driver’s insurance denies your claim or does not offer a fair settlement, you may have the option to file a personal injury lawsuit.
A lawsuit may be necessary if:
- The insurance company refuses to pay or delays processing your claim;
- Your damages exceed policy limits, and you need to pursue additional compensation; or
- The at-fault driver was grossly negligent, such as in cases of drunk driving or reckless behavior.
Pursuing a lawsuit may help you recover your full damages, including medical costs, lost earnings, and pain and suffering.
Understanding your options for compensation is critical when dealing with an at-fault accident in Texas.
Since Texas is an at-fault state for car accidents, determining liability is not always straightforward. In many cases, both drivers may share responsibility for the crash. Under Texas’ modified comparative negligence rule, compensation is reduced based on your percentage of fault.
For example:
- If you were 20% at fault and suffered $100,000 in damages, your compensation would be reduced to $80,000; and
- If you were more than 50% at fault, you would be barred from recovering any compensation.
This rule is often triggered in rear-end collisions, intersection accidents, and lane-change crashes, where both drivers may have contributed to the incident.
Examples of How Texas at-Fault Accident Laws May Apply
Understanding how Texas at-fault accident laws affect compensation can help you anticipate potential challenges in your case. The following scenarios illustrate how fault may be assigned and how it can impact financial recovery.
Rear-End Collision
A driver is stopped at a red light when another vehicle crashes into them from behind. In most cases, the rear driver is at fault for following too closely or failing to stop in time. However, if the front driver’s brake lights were not working, they may be partially responsible, which could reduce their compensation.
T-Bone Accident at an Intersection
A driver runs a red light and crashes into a vehicle with the right-of-way. The driver who ran the red light would typically be responsible for all damages. However, if the other driver was speeding, they may share a percentage of the fault, decreasing their final compensation.
Multi-Vehicle Pileup
Multiple drivers may be responsible for a chain-reaction accident. Insurance companies will review police and other reports detailing each driver’s actions, including speeding, distracted driving, and failure to brake, to determine liability percentages and then offer compensation accordingly.
Determining fault in Texas car accidents can be extremely complex, and the assignment of liability may be divided among multiple drivers. Since Texas follows an at-fault system, compensation is based on each party’s percentage of responsibility rather than automatically relying on individual insurance coverage.
Understand Your Rights After a Texas Car Accident—Contact Tawney, Acosta & Chaparro P.C.
If you were injured in a car accident, understanding Texas’s at-fault insurance laws is crucial to protecting your right to compensation. Insurance companies may try to shift blame in an attempt to reduce or deny your claim, making it essential to have an advocate on your side.
At Tawney, Acosta & Chaparro P.C., our experienced attorneys will investigate your case, gather evidence, and fight for the maximum compensation you deserve. Whether through an insurance claim or a lawsuit, we are committed to helping you pursue fair compensation for your medical expenses, lost wages, and pain and suffering.
Don’t let insurance companies dictate your recovery. Contact us online or call (575) 222-1000 today for a free consultation, and let us help you move forward with confidence.
Alejandro Acosta
Mr. Acosta is a lifelong resident of El Paso. He graduated from Cathedral High School in 2000 and graduated from St. Mary’s University in San Antonio in 2004. Mr. Acosta went on to attend Sandra Day O’ Connor College of Law (Arizona State Law School). He graduated in 2008, receiving his J.D. and his Indian Legal Certificate for his work in Indian Law and dealings with various tribal nations throughout Arizona. Alejandro has been licensed to practice law in Texas since 2008 and has been licensed in the State of New Mexico since 2011.
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