An injury accident can turn your life upside down, especially if it’s another person’s fault. The stress of medical bills, vehicle repairs and lost wages can be overwhelming physically and financially.
Fortunately, Texas law allows you to seek compensation for injuries and related costs. Knowing who pays these expenses is crucial for getting your life back on track.
Texas is an “at-fault” state
Texas follows an “at-fault” car accident system. This means that the driver found at fault for the accident is responsible for paying for the damages. To recover damages, you must prove that another driver was at fault for your injuries.
Here are the types of compensation you can seek after a crash:
- Vehicle repairs
- Lost wages
- Medical expenses
- Future medical expenses
- Pain and suffering
- Loss of companionship
Knowing what you can claim helps you recover what you are entitled to.
So, who pays?
In the aftermath of a car crash, the primary source of compensation typically comes from the responsible party’s insurance provider. This insurance should cover various costs, such as vehicle repairs, medical bills and other damages.
However, if the responsible party is uninsured or underinsured, you might need to turn to your own insurance policy for coverage. Many drivers carry uninsured/underinsured motorist coverage specifically for these situations.
Personal injury protection (PIP) or medical payments (Med-Pay) coverage can also help with medical expenses regardless of fault. In cases where insurance coverage is insufficient, you may also seek compensation through a personal injury lawsuit against the at-fault driver.
Lastly, if the accident involved a commercial vehicle or a government entity, specific insurance policies or compensation funds might be available to cover your damages.
What if you are partly at fault?
Texas uses a “modified comparative negligence” rule. This means you can still recover damages even if you are partly at fault, as long as your fault is 50% or less.
The court will reduce your compensation according to your share. For example, if you are found to be 10% at fault, your compensation is reduced by 10%.
An experienced attorney can help maximize your compensation and fight for your future well-being. They can guide you through the legal process and ensure that you get what you deserve.