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The Ins and Outs of Liability in Car Accidents
Every day, thousands of Texans get behind the wheel of their car and venture out onto the roads. Unfortunately, not all journeys end safely, and car accidents are a common occurrence on our roads. If you have been involved in a car accident, the issue of who is liable for the damage can quickly become confusing and overwhelming. In this blog post, we will discuss everything you need to know about liability in car accidents in Texas to help you understand your rights and responsibilities as a driver.
1. Fault vs. No-fault State
The first aspect of liability to understand is whether Texas is a fault or no-fault state. In Texas, we are a "fault" state meaning that the driver who caused the accident is responsible for paying for any resulting costs. This means that the at-fault driver's insurance company will be responsible for covering damages to other vehicles or property as well as any medical expenses for injuries suffered by the other driver.
2. Comparative Negligence
Another important factor to consider when it comes to liability is comparative negligence. This means that if the other driver is found to be partially at fault for the accident, the damage award may be reduced based on their percentage of fault. For example, if a driver is found to be 20% at fault in an accident, they may only be responsible for paying for 20% of the damages and injuries.
3. Insurance Requirements
In Texas, drivers are required to carry a minimum amount of liability insurance. The minimum coverage required by law is $30,000 for each injured person, up to a total of $60,000 per accident, and $25,000 for property damage. However, it is important to note that these minimums are often not enough to cover the costs of a serious accident. We recommend that you consider purchasing additional coverage to ensure that you are adequately protected in the event of an accident.
4. Negligent Entrustment
In some situations, a driver may be held liable for allowing someone else to use their vehicle. This is known as "negligent entrustment" and can occur when the owner of a car lends their vehicle to someone who is unlicensed, inexperienced, or has a history of reckless driving. If that person subsequently causes an accident, the owner of the vehicle may be held partially liable for any resulting damage or injuries.
5. What to Do If You Are Involved in an Accident
If you are involved in a car accident, the first priority is to ensure that everyone involved is safe and to seek medical attention if necessary. Once the immediate danger has passed, you should exchange insurance information with the other driver and get a police report to document the accident. We recommend that you contact an experienced car accident attorney to help you navigate the process of filing a claim and dealing with insurance companies.
Being involved in a car accident can be a stressful and overwhelming experience, but understanding your rights and responsibilities as a driver can help you feel more in control. Remember, in Texas, we are a fault state, and drivers are required to carry a minimum amount of liability insurance. If you are involved in an accident, it is important to seek medical attention, exchange insurance information, and document the accident with a police report. Finally, we recommend that you seek legal advice from a qualified attorney to ensure that your rights are protected and you receive fair compensation for any damages or injuries.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.