No-Fault vs Fault States for Car Accidents
Many states are designated as a no-fault state when it comes to car accident insurance. The remaining states are fault states. States such as Texas is not a no-fault state. Drivers involved in a car accident must file a claim with their own insurance company as soon as possible after the accident occurs no matter which driver is at fault.
Being a driver in Texas means that you must buy personal injury protection as part of your insurance policy. Texas drivers who cause an accident must pay all the damages through their insurance company. Residents of Texas must file an insurance claim and can sue the driver at-fault.
In Texas, each driver is liable for all damages they caused in the accident. Most times, it takes a seasoned car accident lawyer to sort through all the information and start an in-depth investigation to determine if the car accident is your fault or the fault of the other driver.
A no-fault state means that you cannot sue the driver at fault. However, you can sue in certain instances if your injuries are severe and if your lawsuit meets specified criteria. You may be able to receive payment for pain, suffering, medical bills, loss of wages, and cash payouts. Accidents in no-fault states mean that your payouts can be considerably less and could take longer to receive.
Two questions remain,
- “Why Should you hire an accident lawyer?”
- “How is fault determined in an accident of a car ?”
Most times, it takes the expertise of an accident lawyer to sort out all the specifics of your car accident. Never open the door to taking responsibility for any accident by admitting fault. Your car accident attorney can,
- Protect your rights
- Knows all of the laws in Texas
- Negotiates insurance claims
- Goes to court with you as necessary
Simple Car Accident Causes
Never be the other driver who caused damages, injury, and death of those you share the road by creating a severe accident. There are many drivers on the road who do not pay attention when they are driving. For example, there are instances of road rage that cause unnecessary accidents every day. Remember that you need to watch out for what you are doing when driving on Texas roads. While you can also keep an eye on the other driver, you can never control that driver’s actions. Never be the one who,
- Was texting while driving.
- Made a miserable, spur of the moment decision
- Drove under the influence of drugs or alcohol
- Was speeding
- talking on the cell phone
- Was texting while driving
All drivers involved in a car accident in Texas may be at fault to some extent, depending on the circumstances. While one driver caused an accident, the other driver may have contributed to the accident is some way. In these cases, each driver can be held liable for damages and injuries. It is vital to let your car accident attorney sort out the details.
You may not be responsible for causing a car accident when you were sure you were at fault. Never speak to an insurance agent without the presence of your attorney. Let your attorney talk to any insurance agents. This attorney knows how to navigate the justice system.
No matter how insignificant the auto accident in Texas may seem, it is mandatory to file a report if there are $1,000 or more in damages. Car accident reports go to and are,
- Reported to law enforcement and if you do not report the accident to a law enforcement official it must be,
- Reported to the Department of Transportation. Call your car accident lawyer ASAP after your accident
Simple Reminders
- You should never admit fault when you are involved in an auto accident in Texas. If you are sure, you caused the car accident or are sure the other driver caused the accident, never make the mistake of admitting fault. Admitting fault for accidents may not be accurate. Never open the way for the other driver to sue you for damages if it were not your fault.
- If you are involved in a car accident, you need to make sure you are ok by calling 9-1-1 and seeking medical attention. Get yourself and those involved in the accident help first.
- Take pictures, if at all possible.
- Call your attorney. Calling an attorney is the only way to protect your rights and make sure your claim is heard, and your lawsuit has the best possible outcome.
Call A Seasoned Car Accident Attorney
Involvement in a car accident takes a toll on each driver physically, emotionally, mentally, and financially. You are further ahead if you contact a seasoned West Texas car accident lawyer who has had well over five years of experience in car accident cases. This type of lawyer successfully litigates all kinds of personal injury and wrongful death claims and whose goal is to protect your rights and make sure you have a solid case that leads to the best possible outcome.
