Who’s at fault in car accident cases isn’t always black and white. Even a small mistake on your part can contribute to the outcome and send blame your way.
Fortunately, Texas law is pretty fair on partially-at-fault drivers. With the state’s modified comparative negligence framework, you can still receive compensation if you were less than 51% responsible for the accident.
The trouble is: You need to prove it.
So, we’ll explain what Texas car accident laws say about comparative fault, how insurance companies make fault determinations, and what you can do to prove your side of the story.
This information can help you protect yourself when insurance companies try to assign a portion of the fault to you.
With that said, it’s best to have a legal professional handle your car accident case so they can argue against the accusation with full knowledge of the law.
If you want the very best personal injury lawyer handling your shared-fault accident claim, reach out to No Bull Law. You can start with a free case evaluation, where we’ll take a look at your case and give you a no-BS overview of the outlook.
Two or more drivers can share fault for a Texas car accident because the state follows a modified comparative negligence framework (a.k.a modified comparative fault). This means that:
- Each driver is assigned a percentage of fault for a car accident.
- Their compensation can be lowered according to their percentage of fault.
- Drivers can’t claim any compensation if they were more than 50% at fault.
- Drivers can’t claim compensation from someone less at fault than them.
So, while both drivers can be at fault, it will still be important to determine who was more at fault.
Example of Comparative Negligence in Texas
Let’s say Driver A was turning left at a traffic light without using their indicator. Driver B skipped a red light and collided with Driver A.
An insurance adjuster might find that Driver B is 80% at fault for running the red light, while Driver A was 20% at fault for failing to indicate. Driver B can’t claim compensation from Driver A, but Driver A’s compensation can be decreased by 20%.
Now, what happens in a multi-vehicle accident?
Imagine that a third driver (Driver C), unable to stop in time, ends up in a rear-end collision with Driver A. They are found to be 0% at fault. In this case, Driver C can claim full compensation for all their damages from both other drivers.
You can still access compensation through a car insurance settlement if you were partially (but less than 51%) at fault for a motor vehicle accident.
If you believe another driver was more at fault for a car accident than you, this is the process you’ll follow to get a fair insurance payout:
- File a claim with the other driver’s insurance company and submit all the evidence you have to support your case.
Tip: It’s best to work with a personal injury lawyer when you do this, as they make the process much easier and ensure you don’t miss any crucial steps, deadlines, or evidence.
- The insurance adjuster will look over both parties ‘evidence and assign you each a percentage of liability. The insurance adjuster knows they will pay less if you were more at fault, so they may unfairly assign you more fault than is accurate.
- The insurance adjuster’s assessment is not the final word, however. You and your personal injury lawyer can craft arguments, submit additional evidence, and negotiate for a fair fault determination and settlement offer.
- If you can’t come to a fair agreement on liability and compensation through insurance, you can file a lawsuit against the other driver. If your case goes to trial, the judge or jury will determine a final fault assignment verdict.
Note: In a multi-car accident, you must handle each claim separately with the respective drivers’ insurance companies.
Throughout this process, the most important thing is evidence and strong legal representation. Without these, it’ll be very difficult to build an airtight case to win appropriate compensation for the damage you suffered in the accident.
To access compensation in a car accident claim, you’ll need to prove these three vital elements:
- Breach of Duty of Care: You must show that the other driver failed to uphold the duty of care that all drivers in Texas have to obey traffic laws and drive responsibly.
Examples of negligence while driving include:- Not obeying right of way
- Not obeying traffic lights and signs
- Failing to signal
- Failing to check blind spots
- Driving without headlights at night
- Speeding (driving above the speed limit) or driving too fast for road and weather conditions
- Aggressive driving
- Reckless overtaking (e.g., on a blind corner or without sufficient clearance)
- Tailgating (not keeping a safe following distance)
- Drunk driving
- Distracted driving (e.g., using your phone while driving)
- Driving while fatigued
- Causation: Then, you must show that the other driver’s negligence caused the accident and resulting damage.
- Damages: Finally, you must have proof of your damages (such as property damage, medical bills for your injury, legal expenses, etc.) to show that the amount you’re filing for is accurate.
Now, it can be tough to prove that another driver acted unreasonably and caused the car crash if it’s just your word against theirs.
So, what kinds of evidence can help you prove these facts?
Here are some examples:
- Photos and videos taken at the accident scene
- Footage from security or traffic cameras capturing the accident
- The police report and crash report
- Statements from eyewitnesses
- Documentation of financial losses, including pay stubs, medical bills, and repair estimates
- Medical expert opinions on your injuries and long-term recovery outlook
- Analysis from accident reconstruction specialists and other expert witnesses
- Personal accounts from family and close friends detailing the emotional toll for non-economic damages like pain and suffering
Your car accident lawyer can help you gather everything you need to build an irrefutable case. But they also help in myriad other ways.
Why You Need A Reputable Law Firm (Like No Bull Law) for a Shared-Fault Accident Claim
Hiring a personal injury lawyer can significantly increase your chances of winning and compensation.
In fact, according to a study by the Insurance Research Council, claimants with legal representation receive 3 to 3.5 times more compensation on average, even after deducting their legal fees.
Besides the financial aspect, a personal injury attorney will also take a lot of work off your plate – gathering evidence, filing paperwork, negotiating settlements, and guiding you every step of the way. This is beneficial for any claimant, but especially for an accident victim facing severe injuries and extensive property damage. A personal injury lawyer handles the difficult business, giving you more time to focus on healing.
At No Bull Law, we have years of experience handling all kinds of injury cases, including car accidents, from simple fender-benders to multi-car pileups with major fault complexities.
If you want justice in your car accident case, here’s how you can get started with No Bull Law:
- Start by booking a free, no-obligation consultation where we’ll go over your case and answer your questions.
- We’ll assess the details and build a solid plan.
- If we take your case, we provide relentless advocacy to get you the compensation you deserve.
Worried you can’t afford a lawyer?
No Bull Law operates on a contingency basis, meaning you pay nothing upfront and owe nothing at all unless we win. Our fee comes from your final settlement, but even after that, clients typically walk away with far more than they would without legal representation.
4 FAQs About Shared Fault in Car Accidents
As an accident victim in a Texas car accident, understanding fault and compensation can be confusing, especially in a shared-fault or multi-vehicle accident. Here are answers to common questions to help you navigate the process:
1. What If You Have the Same Insurance Provider?
If you and the other at-fault driver have the same insurance provider, it shouldn’t complicate your claim too much.
The insurance company will usually assign a separate insurance adjuster for each party. The adjusters assess both sides and agree on a fault determination.
You should still hire a personal injury attorney to ensure that fault is properly designated and insurance compensates you adequately.
2. What If the Other Driver Was from Another State?
When someone drives in another state, the traffic laws, car accident laws, and comparative negligence rules of that state apply.
That means if you have a car accident in Texas with an out-of-state driver, the Texas law of modified comparative fault applies. Your car accident lawyer can help you explain Texas car accident laws to the at-fault driver’s out-of-state insurance company.
Meanwhile, if you are out of state and have a car accident, the laws of that state apply. In a no-fault state, their comparative fault car accident laws could mean you don’t get any compensation if you were partially responsible. Your car accident lawyer can advise you about alternate avenues for compensation if necessary.
3. What Happens if the Other Driver Flees or Doesn’t Have Insurance?
It can be harder to recover compensation if the at-fault driver flees the accident scene or doesn’t have car insurance. You should report the car crash to the police immediately to get the details of the accident on record.
A police investigation can help track down a driver who flees so you can proceed with an insurance claim. A hit-and-run is a second-degree felony in Texas, so you may be entitled to punitive damages if you can identify the driver.
If you’re unable to file an insurance claim because the driver is unidentified or uninsured, speak to your lawyer about your other options. You may be able to cover your damages with other policies, such as Uninsured/Underinsured Motorist (UM/UIM) coverage, personal Injury Protection (PIP), and Collision coverage.
4. How Will a Shared-Fault Accident Affect Your Insurance Rates?
Your insurance rates will likely increase if you are found partially at fault, but the extent of the increase depends on your insurer and the percentage of fault assigned to you.
The Texas Department of Motor Vehicles (DMV) has a Driver Responsibility Program which insurers often refer to. You receive points when you are at fault in a motor vehicle accident and they stay on your record for 3 years. Based on these points, insurers may label you a risky driver.
Some insurers offer accident forgiveness programs, which might prevent a first-time shared-fault accident from affecting your premiums.
If your rates increase significantly, you may need to shop around for new insurance, as different insurers weigh fault and claim history differently.
Don’t Settle for Less in a Shared-Fault Car Accident Claim
When fault is shared in a car accident, it can be hard to prevent the scales from tipping against you as insurance companies may try to shift blame to minimize payouts.
But sharing partial fault doesn’t mean forfeiting compensation. With strong evidence and legal support, you greatly increase your chances of getting a fair settlement.
Don’t let insurance companies take advantage of you. Reach out to No Bull Law. We will handle the legal battle while you focus on healing.
