Is Texas a No-Fault State? 

The Law Office of Aaron Fonseca Sept. 29, 2022

Woman by the damaged car after a car accidentAn accident caused by a negligent party may result in minor or serious injuries, hospitalization, missed time at work, or sometimes death. Thankfully, Texas personal injury laws allow victims of negligent accidents to pursue fair financial compensation for their injuries by filing a claim or lawsuit. A well-informed Texas personal injury attorney can inform you about your options to seek financial compensation for your injuries and damages.  

At The Law Office of Aaron Fonseca, I enjoy assisting, guiding, and representing clients in their injury claims. In addition, I can review all of the points of your unique situation and analyze your available legal options to recover damages. My firm is proud to serve clients across Edinburg, McAllen, Rio Grande Valley, and Mission, Texas. 

Is Texas a No-Fault State?  

No, Texas is not a no-fault state. Rather, Texas is an "at-fault" auto insurance state. According to the state's at-fault system, the person who caused the accident (the at-fault party) will hold financial liability for medical expenses, vehicle damages, and other accident-related losses suffered by the accident victims. 

Seeking Compensation After an Accident  

Furthermore, in order to seek compensation for your injuries, you can proceed by: 

  • Filing a first-party claim with your own insurance provider. 

  • Filing a third-party claim against the insurance company of the at-fault party. 

  • Filing a personal injury lawsuit against the at-fault party in civil court. 

An accomplished attorney can assess every element of your case, help determine the liable party, and file your injury claims within the specified time limit. 

Texas Laws Addressing Personal Injury Claims 

Here are some Texas laws addressing personal injury claims, including the time limit for filing claims and the amount of financial compensation that may be recovered. 

Statute of Limitations 

The statute of limitations for personal injury cases in Texas, including car accidents, is two (2) years from the date the incident occurred. According to Texas Civil Practice & Remedies Code Section 16.003, accidents victims – including passengers, drivers, pedestrians, motorcyclists, electric scooter riders, or bicyclists – must commence a civil action to recover damages within two years from the date of the injury or accident. 

Modified Comparative Fault State 

Additionally, Texas operates using the modified comparative negligence rule, with a 51% bar. Under the system, an accident victim may be eligible to pursue damages if they were partially or equally (50% or less) responsible for the accident or injury. However, the amount of compensation that may be recovered will be reduced by their fault percentage. 

For example, if the jury awards $50,000 in total damages against the at-fault party but finds you to be 20% responsible for the accident or your injuries, your damages will be reduced by $10,000. You may only recover 80% of $50,000 ($40,000). According to Texas's modified comparative negligence rule, you will be barred completely from seeking damages if you were mostly (51% or more) responsible for the accident or your injury. 

Knowledgeable & Personal Counsel  

Being hurt in an accident can be an emotional and overwhelming experience. Such an incident can affect you mentally, physically, and financially. Regardless, you don't have to suffer the challenges and financial liability all alone. Therefore, when involved in a negligent accident, you need to act quickly and hire a seasoned personal injury attorney for sound direction and to investigate your options to pursue financial compensation.  

At The Law Office of Aaron Fonseca, I have the resources necessary to give experienced legal guidance and vigorous representation to clients in their injury claims. With my knowledge of Texas personal injury laws, I can direct you through the challenging procedures involved in seeking damages for your injuries.  

Contact my firm – The Law Office of Aaron Fonseca – today to arrange a case evaluation with an understanding auto accident lawyer. My firm is proud to serve clients across Edinburg, McAllen, Rio Grande Valley, and Mission, Texas.