Unfortunately, accidents can happen at any time and to any individual. When they do happen, determining fault may be challenging when an incident takes place in a parking lot; drivers may not openly discuss what led to their crash.
And yet there are times when drivers realize they may have caused a crash themselves and don’t know the best course of action to take next time they find themselves in such a predicament.
Are You Involved in a Car Accident Recently? Please reach out to Husain Law + Associates — Houston Car Accident, Personal Injury and Truck Accident Lawyers, P.C. for help from one of our Houston Car Accident Attorneys.
Fault Vs No-Fault States
Negligence can vary according to state laws. In states that accept fault for motor vehicle collisions, drivers at fault must compensate all parties harmed and provide compensation; while in no-fault states all drivers carry personal injury protection coverage with their vehicle insurance policies; any costs related to mishaps on the roads will fall on them alone.
Texas, like most states of the US, is a fault state, meaning your car insurance will assume responsibility for damages to other drivers should you cause an accident. They may seek compensation by filing a claim or lawsuit against you to get what they believe are due for damages they suffered in this accident.
What Damages Are Covered If I Cause an Automobile Accident?
Damages arising from negligence-caused auto accidents include any negative repercussions such as economic or non-economic effects; depending on the nature and severity of an incident, compensation losses could include lost wages, earnings ability lost and medical bills to treat injuries sustained as a result of being involved. Other potential costs that might need covering include rehabilitation services as well as vehicle repair costs.
Each state mandates that drivers with at-fault driving records carry auto insurance policies which will cover any damages up to your limits; should costs exceed this figure, personal funds will likely need to be drawn on to pay.
You may need to make additional contributions if the other party demands more money than your policy covers, in which case it would be prudent to hire a Houston Car Accident Attorney.
Can You Receive Compensation If the Accident Was Your Fault?
After being responsible for causing an accident, it’s also essential that our rights are protected as it could help avoid being taken advantage of or losing substantial amounts of money in compensation payments. When involved with an incident:
- Carefully scan for signs of injury before signaling to other drivers or passengers involved.
- If anyone is seriously hurt, call 911 immediately; otherwise contact police and inform them about the car accident; it is crucial that you remain at the scene until police arrive – stay put until their arrival!
- Collect evidence about the accident. This includes taking pictures of the scene, vehicles involved and injuries sustained by victims to ensure no one can alter their account later on.
- Share phone numbers, insurance details and names with those involved as soon as possible, along with immediately notifying their insurance companies of what has occurred.
- Speak with an experienced law firm regarding available legal claims after an automobile accident.
FAQs
What Happens If I’m at Fault in a Car Accident in Texas?
Being responsible for an automobile accident in Texas can have both legal and financial repercussions; fault-based systems require drivers who cause an accident to pay all damages caused to other parties, with all liability falling upon themselves alone if deemed at fault for an incident.
Here are the consequences if found to be at fault:
Financial Liability:
If found at fault, financial responsibility will fall upon you to the fullest extent of the policy limits provided by your insurance company. This may include compensation for property damage, medical expenses or any related costs sustained by another party; should your coverage not cover enough damages then any remaining amount must be covered directly by you.
Insurance Premiums:
Being at fault for an accident will almost certainly increase your insurance rates, since insurance firms consider cases where someone is involved as a sign of risk and thus incurring higher premiums as a result. How much your rates increase depends upon various factors like severity of accident as well as previous record for similar offenses.
Legal Consequences:
If the accident led to injuries or fatalities, legal repercussions could include civil suits by those affected seeking additional compensation beyond that provided by insurance payouts. You could even face criminal charges such as negligent driving, reckless driving or drunken driving depending on circumstances surrounding your involvement.
Points on Your Driving Record:
Anyone involved in an at-fault accident will likely receive points against their driving record. As more points accumulate, higher insurance costs and even license revocation could ensue if too many have accumulated within a given time.
Diminished Value Claims:
Should one party decide to pursue a diminished value claim against you or your insurer for repairs to their car, seeking to recover any difference in its market value after repairs; you or they could be required to pay an extra amount as compensation.
Emotional and Psychological Impact:
Being responsible for an accident is undoubtedly distressing and money-draining; dealing with the aftermath, real or perceived responsibility, legal proceedings and finances all represent formidable hurdles to navigate.
Who Determines Fault in a Car Accident?
Determining fault in a car accident requires conducting an in-depth investigation that usually involves several parties, including:
Law Enforcement Officers:
Police officers often serve as the initial respondent in accidents. Once on scene, they evaluate all relevant circumstances before interviewing any witnesses and collecting evidence before compiling an accident report detailing who they believe to have caused it. An officer may then state their opinion regarding which party was at fault in writing this document.
Insurance Adjusters:
Each party’s respective insurance company will conduct their own investigation into the incident, reading through police reports, assessing vehicle damages and interviewing clients and witnesses involved – such as interviewing policy holders themselves to ascertain liability costs. With this data in hand, they’re in a better position to determine how much their policy holder owes them in liability costs.
Eyewitness Testimonies:
Eyewitness testimony can play a pivotal role in establishing negligence in accidents. Since eyewitnesses were present at the scene of the accident, their testimonies can provide different or similar accounts of what transpired all at once.
Traffic Cameras and Surveillance Footage:
Eyewitness testimonies may come from traffic camera recordings or surveillance footage captured around the area where an accident took place, giving an account of what led up to its occurrence. Such evidence may help reconstruct what could have led to it.
Accident Reconstruction Experts:
Insurance companies or legal teams that involve large cases might retain an accident reconstructionist to use scientific procedures to analyze the scene of an accident, vehicle damages and any other factors which might help determine who was at fault for causing it.
Legal System:
When disagreements on liability exist between insurance companies and individual policyholders, litigation may become necessary to reach an outcome. A judge or jury will then examine all available evidence before rendering their verdict.
However, it should be remembered that fault can sometimes be subjectively determined and can be affected by other factors or evidence that accompany it. Furthermore, multiple parties could share responsibility for the negligence that led to an accident.
Is Texas a No-Fault State for Car Accidents?
Unfortunately, not, Texas does not follow a no-fault system in terms of car accidents; rather it utilizes what’s known as tort law system.
Which means the party deemed responsible must cover losses associated with their crash and compensate victims as per tort law rules. Here is how this works:
Liability Insurance Requirements:
Per Texas law, drivers cannot operate their vehicles without meeting minimum liability insurance coverage standards – currently $30,000 for injuries per person injured and $60,000 total per accident as well as $25,000 to cover property damage from an accident as of 2024. This coverage serves to compensate other parties should your actions lead to claims being brought against them for compensation from those responsible in an incident.
Filing a Claim:
After an accident occurs, those involved can pursue compensation from the insurance provider of the driver who caused it for damages such as medical bills, property damage, lost wages and physical and emotional trauma experienced as victims.
Comparative Fault Rule:
Texas follows a modified comparative fault rule, wherein being partially responsible for an accident will reduce any compensation awarded to you proportionate to your degree of fault. For instance, even if someone was only 30% responsible, still they would receive 70% of losses sustained; but if more than 50% is found responsible you won’t receive anything at all as compensation.
Uninsured/Underinsured Motorist Coverage:
Texas drivers have the option of opting in for Uninsured/Underinsured motorist coverage even though it is not mandatory, providing cover if an accident involves another driver who lacks sufficient or any insurance at all to compensate their losses in case of an incident.
As previously discussed, Texas is an at-fault state; however, drivers may opt to add Personal Injury Protection, commonly known as PIP, to their policy. PIP covers necessary medical bills and related expenses without regard to who was at fault; thus providing financial relief without waiting for an evaluation of liability to take place.
Legal Recourse:
Negotiation can be effective; however, when conditions offered by an at-fault driver’s insurance company are unfavorable you have recourse through litigation; filing a case before a court of law to seek compensation could also help your cause.
Understanding when and what one needs to do under Texas’ fault-based system is essential to knowing one’s rights and duties in an auto accident scenario. Anticipating being at Fault carries with it legal ramifications in both civil and criminal law that must be addressed fully in order to be managed appropriately.
Talk to A Houston Car Accident Attorney
Car accidents can be unexpected and stressful, regardless of who is at fault. It is essential that you relax and maintain a positive outlook. With luck, you and the other driver may escape with only minor injuries and property damage.
Immediately after you realize you have caused an accident, contact us at (713) 804-8149 to speak to a Houston Car Accident Attorney. Make sure you don’t admit fault to the other driver, police, or the insurance company.
