If you get into a car accident, how the recovery of damages works after the fact can vary by state. For instance, a no-fault state is very different than an at-fault or tort state. Which is Texas?
Texas is a tort state. What exactly does that mean, and how does it affect your ability to seek relief through legal means?
No-fault versus tort state
A no-fault state is where a driver has to utilize their insurance after an accident, even if the other driver was at fault. The victim has limited options on what legal actions they can take to pursue compensation from the at-fault party. In tort states like Texas, however, the driver considered at fault holds responsibility for the victim‘s losses. The victim also may seek relief through legal means.
When to file a lawsuit
Filing a lawsuit against the at-fault driver is not always necessary. In most cases, it is possible to achieve a fair settlement by negotiating with the responsible party’s insurance provider. If you cannot reach a fair settlement cannot this way, filing a lawsuit may be the only way to get your losses covered. The only thing that may prevent you from achieving full relief is Texas’s comparative negligence laws. You may achieve something, or comparative negligence laws may prevent you from filing civil claims at all.
What is comparative negligence?
Comparative negligence would come into play if your actions contributed to the accident. If authorities consider you 51% or more responsible for the collision, collecting damages through legal means is not an option for you. If your portion of the fault is less than 51%, you may seek relief, minus the percentage you‘re at fault — so at least you can seek partial damages.
Seeking relief is worth your time and effort
No one should have to shoulder the losses associated with a car accident that wasn‘t their fault on their own. No one should have to accept a subpar settlement amount from an insurance provider either. Under the right circumstances, you can seek fair compensation for your losses. It is worth your time and effort to utilize your legal options so that you and your family have what you need as you work through your recovery and adjust to your new normal.
