In a “no-fault” state, individuals involved in motor vehicle accidents typically seek compensation from their own insurance companies regardless of who caused their collisions. Only under special circumstances will drivers in no-fault states be permitted to sue other parties after their crashes.
Thankfully, Texas is not a no-fault state for personal injury. This means that negligent drivers may be sued for the damages they cause. In the aftermath of your accident, the team at our law firm can assess the strength of your potential claim.
Get assistance from our Dallas personal injury attorneys at The Queenan Law Firm, P.C. by calling (817) 476-1797 today.
The Fault-Based System in Texas
Texas operates under a traditional fault-based system for handling personal injury claims. This means that fault must be determined in order to establish liability and seek compensation.
Unlike no-fault states where each party’s insurance covers their own medical expenses regardless of fault, in Texas, negligent parties are responsible for the damages they cause. This means that if you have been hurt in an accident, you’ll likely need to prove that another party is at-fault in order to recover maximum compensation for your injuries.
Since Texas operates on a fault-based system, it is crucial to seek legal representation in the aftermath of your car crash. Our Houston personal injury attorneys are ready to help build your case and fight for the monetary damages you are rightfully owed.
Do No-Fault Rules Apply to Other Types of Personal Injury Cases in Texas?
Across the country, “no-fault” insurance rules typically only apply to car accident cases. Still, this matter is not relevant to Texans because our state operates on a fault-based system for personal injuries.
What Damages Can You Sue for Under Texas’ Fault-Based System for Personal Injury?
In no-fault states, accident victims may be restricted to recovering payment for lost income and medical bills related to their injuries. Meanwhile, in at-fault states such as Texas, crash victims may sue for much more. For instance, if you suffered a harmful crash, then you may be able to pursue any of the following:
Medical Expenses
In Texas, individuals injured in car accidents can pursue compensation for medical expenses resulting from their injuries. This includes costs related to hospital visits, surgeries, prescription medications, rehabilitation, and any other necessary medical treatments.
Lost Income
After a car accident in Texas, you can seek compensation for lost income if your injuries have caused you to miss work. This encompasses wages or salary lost during your recovery period, as well as any future earnings you may miss if your injuries result in long-term or permanent disability affecting your ability to work.
Out-of-Pocket Expenses
In addition to medical expenses and lost income, individuals injured in car accidents in Texas can seek reimbursement for out-of-pocket expenses incurred as a result of their injuries. This may include expenses such as transportation costs for medical appointments, home modifications to accommodate disabilities, or costs for household services if the injuries prevent you from performing certain tasks.
Property Damage
If your vehicle or other property was damaged in a car accident in Texas, you can pursue compensation for the cost of repairing or replacing the damaged property. This can include the repair or replacement costs for your vehicle, as well as any other property damaged in the accident, such as personal belongings inside the vehicle.
Pain and Suffering
Texas allows individuals injured in car accidents to seek compensation for physical pain and emotional suffering experienced as a result of their injuries. Pain and suffering damages are intended to compensate for physical pain, emotional distress, and any decrease in quality of life caused by the accident and resulting injuries. These damages are often more challenging to quantify but are an essential aspect of seeking full and fair compensation for the harm endured.
How Do You Prove Fault for an Accident in Texas?
As previously mentioned, under Texas’s fault-based system, accident victims must prove that other parties are to blame for their crashes in order to recover financial compensation. Fortunately, there are several forms of evidence that may be used to establish fault. Our legal team can help recover and present any of the following in your case:
Physical Evidence from the Scene
Physical evidence from the scene of a car accident can play a crucial role in proving fault. This evidence may include skid marks, debris patterns, vehicle damage, and road conditions. Analyzing this evidence can help reconstruct the events leading up to the accident and provide insight into factors such as vehicle speed, braking, and road hazards.
Photos Taken at the Scene
Photographs taken at the scene of the car accident can provide visual documentation of the conditions at the time of the incident. These photos can capture the position of vehicles, traffic signals, signage, and any visible injuries or property damage. Photos taken immediately following the accident can be particularly valuable before any changes occur to the scene.
Surveillance Footage
Surveillance footage from nearby businesses or traffic cameras can provide objective evidence of the events leading up to the car accident. This footage may capture the actions of both drivers involved, as well as any contributing factors such as traffic violations or hazardous road conditions. Surveillance footage can offer a clear depiction of the accident from various angles.
Witness Testimony
Witness testimony from individuals who observed the car accident firsthand can offer valuable insight into what occurred. Witnesses may provide accounts of the events leading up to the accident, including each driver’s actions, traffic conditions, and any other relevant details. Witness testimony can help corroborate other forms of evidence and provide additional perspectives on the incident.
Expert Witness Testimony
Expert witness testimony from professionals such as accident reconstructionist experts or automotive engineers can provide specialized analysis and opinion regarding the cause of the car accident. These experts can use their expertise to interpret physical evidence, reconstruct the sequence of events, and determine factors such as vehicle speeds, braking distances, and driver behavior.
Victims’ Personal Recollections
The personal recollections of the victims involved in the car accident can also contribute to establishing fault. While personal recollections may be subjective, they can offer insight into each driver’s perspective on the events leading up to the accident. Victims can provide details about their actions, observations, and any factors they believe contributed to the collision. Although personal recollections may not be as objective as other forms of evidence, they can still be valuable in building a comprehensive understanding of the accident.
Call Our Law Firm for Help with Your Personal Injury Case in Texas
Get help from our Fort Worth personal injury lawyers at The Queenan Law Firm, P.C. by dialing (817) 476-1797.