When you or a loved one has been in a car accident, it’s critical that you protect your legal rights by understanding auto liability in Texas. In our state, the laws follow a fault-based system, which means that the person who holds responsibility for the crash is the one who needs to pay for the associated damages.
The best decision that you will make is hiring an experienced attorney who is familiar with Texas car accident liability laws. Our legal team can help you avoid the most costly mistakes, especially when you are handling insurance paperwork and trying to maximize compensation. We’ll advocate on your behalf to ensure that you get fair treatment and the compensation that you deserve.
Understanding Auto Liability in Texas
The term “auto liability” means the responsibility that drivers have when an accident occurs (both legal and financial responsibility). In the state of Texas, it’s a legal requirement that all drivers have auto liability insurance, which pays for both injuries and property damage in an accident.
- Bodily Injury Liability Coverage: This part of auto insurance pays for costs due to injuries from the accident, such as medical expenses, lost wages, and pain and suffering.
- Property Damage Liability Coverage: This pays for property damage that occurs, such as vehicle repairs or buildings/landscaping that were damaged in the accident.
Even though the legal requirement for auto insurance coverage in Texas is that every driver must maintain minimum insurance coverage, there are sometimes drivers on the road with lapsed insurance. In this situation, the claim process can become much more complicated. Regardless of the insurance status, it’s critical that you hire an experienced Texas car accident attorney to help with your case.
How Fault is Determined After a Car Accident
There are several things that will happen after the accident to determine who was at fault for the collision. Some of the most important pieces of evidence include police reports and dashcam footage, but it’s also helpful to review witness statements in order to understand the things that happened.
Determining fault in the accident is a critical step that will affect your compensation, especially because of comparative negligence in Texas. This rule means that both parties can share fault, and the awarded damages can impact available compensation.
If you are found to be partially responsible for the accident, then your percentage of the fault will reduce your compensation accordingly. For example, if the damages total $100,000 and you are found to be 20% at fault, then you will only be able to recover $80,000 in compensation.
Keep in mind that the insurance adjusters are proactive about reviewing evidence to determine liability, and they will try to find evidence that puts as much fault on you as possible. This is why you need to hire a Texas car accident attorney so that the real story comes through and you can show that the other driver was at fault.
Minimum Auto Insurance Requirements in Texas
In the state of Texas, the law requires that each driver have a minimum of 30/60/25 for liability coverage. Here’s what this means:
- $30,000 per person to cover bodily injury
- $60,000 per accident for total injuries
- $25,000 to cover property damage
Keep in mind that these minimums aren’t enough to cover a serious accident, especially with the high medical bills that can accrue if someone is in the hospital for multiple days. So, it’s a smart investment to choose an insurance plan that offers additional coverage beyond the minimums.
It’s also important to note that anyone who is driving without valid and sufficient insurance faces serious legal consequences, such as fines and losing their driver’s license. Plus, they can be held personally accountable through civil lawsuits if they were the cause of an accident and didn’t have proper insurance coverage.
Because there is always a risk of being injured in an accident with an uninsured or underinsured driver, many smart drivers choose to add an optional coverage onto their plan for uninsured motorist claims in Texas. This gives you the extra protection that is needed if you are injured and the liable party doesn’t have the necessary insurance coverage.
Common Scenarios That Affect Liability
Consider these common situations that might impact the liability of your car accident case:
- Multi-Vehicle Crashes: When multiple drivers are involved and the fault is unclear, then a detailed investigation is necessary to determine liability.
- Uninsured or Underinsured Drivers: An accident caused by a driver who doesn’t have insurance (or has insufficient insurance) can result in the need for victims to rely on their own insurance policies.
- Rideshare Accidents: People who are injured in a rideshare or commercial vehicle can have complicated liability since the responsibility might be shared by both the driver and the company.
- Clear Liability: Even when liability is clear, such as with rear-end or left-turn accidents, it’s still necessary to gather the evidence that proves who was at fault.
- Road Conditions: Weather and road conditions can complicate liability and will impact how fault is distributed.
How Much Compensation is Available Under Auto Liability?
Each case is unique, which is why the payouts vary for each victim. Compensation might be available for medical treatments, lost wages, and property repair. Sometimes, additional compensation is given for future medical care and pain and suffering.
The best way to identify all available sources of compensation for your case is by hiring an experienced Texas car accident attorney. Our legal team will investigate the case and be aggressive with the negotiations to maximize your compensation whenever possible.
FAQs
How is fault determined after a car accident?
Various forms of evidence are collected to determine fault in the accident, including police reports and witness statements.
Can I still get compensation if I was partially at fault?
As long as your responsibility is less than 51%, there is a possibility that you can still get compensation. This payout is reduced based on your percentage of fault in the accident.
How a Texas Car Accident Attorney Can Help
It makes sense to call our legal team if you or a loved one has been in a car accident. We’ll help with a thorough investigation and offer personalized legal advice for auto liability in Texas. Our lawyers will handle all of the communication and negotiations with the insurance companies. It’s common for insurance providers to offer lowball settlements, and we prevent this from happening with your case.
You deserve legal representation, which is why it makes sense to partner with a knowledgeable attorney who will make sure that your rights are protected. Learn more about the legal services available from our team at Wormington & Bollinger. Contact us today to schedule a consultation.