After you’ve been injured in a car accident caused by a negligent party in Texas, you might be wondering how you can recover financial compensation to pay for your medical expenses, lost income, and even pain and suffering. First, you must know that Texas is a “fault state,” which means you can collect damages from the at-fault driver or their insurance company.
The following are three ways you can obtain financial compensation from a Texas car accident:
- File a claim with your insurance company – Your insurer will cover your damages and, in turn, pursues the damages owed from the at-fault driver or their insurance company.
- File a claim with the at-fault driver’s insurer – You also have the option of filing a claim directly with the liable party’s insurance provider.
- File a personal injury lawsuit against the at-fault driver – If your injuries and damages exceed the limits of the at-fault driver’s insurance policy, you may file a personal injury claim to recover the rest of the damages you deserve.
However, not all collisions are caused entirely by one driver. There are many accidents where more than one party was at fault.
If you are found to share blame for a crash, Texas adheres to a “modified comparative negligence” rule. This means that your financial compensation will be reduced by your percentage of fault in the collision.
For example, while the jury awards you $100,000 in damages, but also says you are 25 percent liable for the collision. According to Texas law, you are entitled to 75 percent of the $100,000 total, or $75,000.
If you are found to be more than 50 percent to blame for the crash, you will receive nothing. In states that follow a “pure” comparative fault rule, a party who is over 50 percent at fault can still recover damages.
If you have been injured in a Dallas car accident, contact the Law Offices of Robert Gregg today at (214) 891-7536 for a free consultation.