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After being involved in a car accident, the last thing you want to do is spend time investigating or arguing. However, since every state follows different protocols for damages and insurance companies, you may have to fight for your right to compensation. To learn more about your options in the state of Texas, take advantage of the following guide.

What’s the Difference Between At-Fault, No-Fault & Comparative Fault?

At-Fault 

In states that abide by at-fault laws, the government uses torts to settle the consequences of a car accident. For example, if you caused an accident because you failed to brake at a stop sign, you would be legally and financially liable for the damages caused to all involved parties. Your car insurance provider would cover the remaining collision repair and medical bills once you meet the deductible. 

No-Fault

In no-fault states, the government doesn’t take control of car accidents. Instead, each driver’s insurance provider will compensate them for the damages. This allows car insurance rates to stay lower than usual and eliminates the hassle of legal arguments over where the fault lies.

Comparative Fault

car accidentSome states also have comparative fault or contributory negligence laws. This means that more than one person can be to blame for the accident. If any involved parties can prove that you were partly at fault, you won’t receive any compensation. You could only be 20% responsible for an accident and still have to pay for the damages on your own.

How Does the Law Work in Texas?

In Texas, drivers are subject to at-fault laws. If you are less than 50% responsible for the accident, you can sue the at-fault driver (or their insurance provider) for damages. However, if you do play a role in causing the accident, your compensation will be discounted. This system follows percentage rules, so those who are 25% at fault will receive 25% less of the compensation they are owed.

If you are involved in an accident in Texas, evidence of your innocence is crucial to receiving the maximum amount of compensation. Therefore, you’ll want to take photos of your car, the other vehicles and properties involved, and any street signs, obstacles, or weather conditions that may have influenced the accident. You’ll also want to ask for a copy of the police report and see a doctor for an immediate evaluation. Avoid talking with the other drivers except to get their contact information, and never apologize for any aspect of the situation. Any utterance of “I’m sorry” could be construed as a confession of fault.

 

If you’re trying to clear your name and receive the compensation you deserve, turn to Reed & Terry, L.L.P. of Sugar Land, TX. They have been fighting for justice for over half a century, whether their clients were harmed by doctors, pharmacists, or fellow drivers. You can trust lead attorneys, Travis Terry and Jackson Reed, to lend their years of experience and compassionate service to obtain your peace of mind. To learn more about their practice areas, visit the website, or call (281) 491-5000 to schedule a free consultation.

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