If you or a loved one was recently involved in a car accident in Texas and received medical attention for any injuries, one of the things that may cross your mind is finding out how you are going to hold the at-fault driver accountable for his/her negligent actions and recover financial compensation.
Texas is considered a “fault” state, meaning that the injured party must file an insurance claim with the at-fault driver’s insurance company. In “no-fault” states, drivers are required to file a claim with their own insurer. Anyone who owns and operates a car must maintain a certain amount of insurance coverage – $30,000 for bodily injury per person, $60, 000 for bodily injury per accident, and $25,000 for property damage – to legally drive on state roads and highways.
On the other hand, if the damages suffered exceed the amount of insurance coverage, the injured party may file a personal injury lawsuit directly against the liable party. In Texas, an injured party has two years from the date of the crash to file a lawsuit in civil court; however, it is recommended to file a claim as soon as possible.
However, what happens if the injured party shares some blame for causing the collision? For example, if the at-fault driver was texting while driving, but the injured party was driving ten miles above the posted speed limit before the accident, then the injured party may be held liable for their share of fault.
Texas follows a “modified comparative fault” law, which means a person’s percentage of liability will be reduced from his/her total damages award. For instance, the jury awards the injured party $100,000 in total damages but also holds them 35 percent liable for the accident, which means the injured party can only walk away with $65,000 in damages.
Because Texas is a “modified” comparative fault state, if you are found to be over 50 percent at fault, then you cannot recover any damages for the collision. In “pure” comparative fault states, you can recover your share of damages, no matter your percentage of fault.
Suffered an injury in a car accident in Plano or within Fort Worth County? Contact Zendeh Del Law Firm, PLLC today to learn how we can help you today.