Is Texas a No-Fault Insurance State?
If you are wondering what to do after suffering injuries in a car accident, you may have come across “at-fault” and “no-fault” rules for insurance liability. In essence, each state abides by one of these rules, which dictate where car accident victims should look for their compensation.
The State of Texas is an “at-fault” insurance state. That means that car accident injury victims can look to the other driver’s insurance for coverage or, better yet, file a lawsuit against them if the other driver was responsible for causing the accident.
Don’t leave your critical chance at recovery for your serious car accident injuries to chance. At The Queenan Law Firm, P.C., we offer free initial case assessments for every potential client who picks up the phone. Call our experienced Arlington car accident attorneys today at (817) 476-1797.
Fault Rules for Texas Car Accidents
Texas is an “at-fault” state for car accident liability. Practically, this means that after an accident, fault will be assessed to determine who is responsible for paying for the damages. For this reason, injury victims who believe that another party was to blame for causing their car accident may file an insurance claim with that party’s insurance provider or take the at-fault party to court in a personal injury lawsuit.
This is different in some other states that have “no-fault” liability laws. These laws force accident victims to go through their own insurance policy for recovery unless their injuries are so severe that they meet a certain threshold that allows them to sue.
You can identify whether the other driver was legally at fault by determining whether their conduct that caused the crash was a violation of their legal duties. Drivers in Texas owe a legal duty to their fellow motorists, cyclists, and pedestrians to operate their vehicle reasonably and according to traffic laws and regulations. For instance, a driver who caused a collision in an intersection by blowing through a red light would have violated their duties and therefore be at fault.
Not every car accident situation makes determining fault easy, but a Dallas car accident attorney can help you determine fault in your case.
Should You File an Insurance Claim or Sue the Other Driver in an At-Fault State like Texas?
If you were injured in a car accident and the other driver was to blame for causing it, you have a choice. You can either submit an insurance claim for compensation with the other driver’s insurance company, or you can pursue a personal injury lawsuit against them. Either way, the money that you will likely recover will come from the insurer, so you should not worry about the driver not being able to afford the compensation that you claim.
Insurance claims can be useful, but it is generally better to file a lawsuit if the insurance companies will not pay you what you deserve. Many insurance companies seek to settle low to save themselves money. An attorney can pursue full compensation in court if the insurance company is uncooperative.
What Kinds of Compensation Are Available in At-Fault Insurance Claims and Lawsuits?
Both lawsuits and insurance claims will get you compensation for the medical expenses that you incur while tending to your injuries. Both options will also provide relief for any lost wages that you miss out on if you miss work while dealing with your condition. You can also recoup the cost of repairing or replacing your damaged vehicle through either path. But lawsuits also provide compensation for non-economic damages meant to compensate you for the more personal harms that you might experience.
Non-economic damages are calculated based on the injury victim’s pain and suffering. These calculations often involve assigning a somewhat arbitrary cash value or a multiplier value to your suffering. However, that does not mean that your experience is any less real.
If you experience chronic pain due to your injuries that prevents your full enjoyment of life, you can receive compensation to that effect. Your lawsuit damages will also include a consideration of the effect of any lasting physical effects, such as scarring or disfigurement, on your own personal relationships.
Many accident victims develop psychological conditions as a result of their experiences, such as depression or anxiety disorders. These conditions are substantially more likely to occur in car accident victims who suffer traumatic brain injuries (TBIs). Psychological conditions and their treatment may be compensated just the same as any physical conditions. If you are experiencing symptoms of depression or anxiety. we recommend that you speak to a mental health professional as soon as possible. If you do not know where to turn, our Houston car accident lawyers can point you in the right direction.
Should You Accept a Settlement Offer from the Other Driver’s Insurance Company in Texas?
In an attempt to head off your lawsuit, the other driver’s insurer may try to offer you a settlement deal. Settlement agreements are what happens when an insurance company that might be on the hook for lawsuit damages makes a deal with the potential plaintiff where they pay out compensation in exchange for the plaintiff waiving their right to sue.
Settlements are a commonly used tool in all areas of civil action and may be beneficial to both sides if the offer is fair. By agreeing to a settlement, you avoid a costly court proceeding and get your guaranteed money sooner rather than later.
However, the first settlement offer you receive is rarely a fair reflection of what you deserve. You are under no obligation to accept the first deal that comes through the door. Use your Fort Worth car accident lawyer to assess your offer and negotiate the terms so that you get fair treatment and an equitable resolution.
Get the Facts About Texas Car Insurance Laws from The Queenan Law Firm, P.C.
If you are interested in filing a lawsuit to recover compensation for your car accident injuries, your best first step is to call the experienced Plano, TX car accident attorneys at The Queenan Law Firm, P.C. You can reach us at our offices for your free initial case evaluation at (817) 476-1797.