KELLEY FIRMProfessional Truck & Auto Accident Attorneys
What Happens After a Car Accident in Texas?
At Kelley Law Firm, we understand that no money can undo your injuries or the tragic loss of someone you love. However, Our Dallas car accident lawyers have also seen firsthand how a fair settlement or verdict allows families to heal and move forward with their lives after devastating motor vehicle accidents.
Texas is known for having some of the highest motor vehicle accident crash rates and traffic-related fatality rates in the country. According to the Texas Department of Motor Vehicles (TxDOT), the fatality rate on Texas highways and roads increased by nearly 19% in 2020, with a total of 3,896 accident-related deaths.
How is Fault Determined in a Car Accident in Texas?
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While some states follow a no-fault car insurance system, allowing car accident victims to seek compensation from their insurance providers regardless of fault, Texas is not one of them. Instead, Texas follows a traditional fault-based system.
Under this system, you must prove that someone else—whether another driver, a trucking company, or even an auto manufacturer—was at fault for the accident that caused your injuries to collect compensation for your damages.
Proving fault after a car accident can be difficult, especially if the other driver’s insurance company disputes your injuries or argues that you were to blame. However, at Kelley Law Firm, we know how to fight back against insurance companies’ efforts to avoid paying out fair settlements to car accident victims.
Our Dallas car accident attorneys work alongside accident reconstructionists, economists, medical professionals, expert witnesses, and others who can help prove the cause of your crash and powerful testimony on your behalf.
In addition, we have the resources needed to develop an innovative and personalized legal strategy to maximize your recovery.
Understanding Comparative Negligence & How It Could Affect Your Claim
While some accidents are the fault of a single person, many involve several at-fault parties who share varying degrees of blame. When this is the car accident case, comparative negligence rules apply.
Under Texas’s modified comparative negligence rule, you are still allowed to file a personal injury claim after a car accident for which you are partly at fault—as long as you are not found to be more than 50% to blame for the crash.
Additionally, even if you are found to be 50% or less at fault, your total recovery will be reduced by your at-fault percentage.
For example, if you were involved in a car accident and the insurance adjuster and/or court determines that you were 30% at fault for the collision, your recovery will be reduced by 30%. If you are seeking $10,000 in damages, you can only collect up to 70% of that amount, or $7,000.
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