If you were recently injured in a car accident in Texas, you may be wondering about your options for holding the negligent driver liable for your damages. Keep in mind, Texas is a fault-based state, which means the party who caused the collision must compensate the victim for their losses.
The following are three options an injured party has when seeking compensation for a car accident:
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File an insurance claim directly with the liable party’s insurer.
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File an insurance claim with your own insurer, which will then seek a claim with the liable party’s insurer.
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File a personal injury lawsuit directly against the liable party.
When it comes to car insurance, Texas law requires all motorists to carry a minimum amount of liability insurance. So, if they become liable for an accident that results in property damage or injury, they can assume financial responsibility.
The following are the minimum liability coverage Texas drivers must have:
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$30,000 for each injured person in the accident
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$60,000 for each accident
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$25,000 covering property damage from each accident
But what happens if the at-fault party claims you were either partially or entirely to blame for causing the crash? When more than one party is responsible for an accident, Texas has a “modified comparative fault” law, which means that the injured party’s damages award is reduced by his/her percentage of fault.
For example, if the jury awards you with $100,000, but also says you are 35 percent to blame for the collision, you are entitled to 65 percent of the $100,000 total, or $65,000, under Texas law. Since this law is “modified,” if you are found to be more than 50 percent at fault, you will not be able to recover any compensation.
If you or a loved one has been injured in a car accident in Texas, contact the Dallas personal injury attorneys at Mathias Raphael PLLC Accident & Injury Lawyers today at (214) 739-0100 for a free consultation. Millions of dollars were recovered on behalf of our clients!