Key Takeaways
- Texas is an at-fault state, meaning the driver who caused the accident is responsible for damages.
- The at-fault driver’s insurance pays for medical bills, property damage, and lost wages.
- Texas requires drivers to carry 30/60/25 minimum liability coverage.
- If damages exceed insurance limits, injured victims may be able to pursue a personal injury claim or lawsuit.
- A Texas car accident lawyer can help determine fault and fight insurance company denials.
When it comes to car accident insurance laws, states generally fall into two categories: at-fault states and no-fault states. Understanding which system Texas follows is critical if you’ve been injured in a crash.
So, is Texas an at-fault state?
Yes—Texas is a fault-based (at-fault) state, and that distinction has a major impact on how accident claims work.
What Does It Mean to Live in an At-Fault State?
In an at-fault state, the driver who causes a car accident is legally responsible for the resulting damages. These damages are typically paid through the at-fault driver’s insurance company, not your own.
This applies to:
- Medical bills
- Vehicle repair or replacement
- Lost wages
- Pain and suffering
Unlike no-fault states, Texas does not require injured drivers to go through their own insurance first (except in limited circumstances like Personal Injury Protection (PIP)).
How Fault Is Determined After a Car Accident in Texas
Fault is determined by reviewing:
- Police reports
- Witness statements
- Traffic laws
- Accident scene evidence
- Medical records
Insurance companies often dispute fault to minimize payouts. Even if fault seems obvious, insurers may argue that you were partially responsible.
Texas follows a modified comparative negligence rule, meaning:
- You can recover compensation if you are less than 51% at fault
- Your compensation is reduced by your percentage of fault
Texas Minimum Liability Insurance Requirements
Texas law requires drivers to carry minimum liability insurance known as 30/60/25 coverage, which includes:
- $30,000 per injured person
- $60,000 total bodily injury per accident
- $25,000 for property damage per accident
These limits are often not enough to cover serious injuries.
What Happens If Damages Exceed Insurance Limits?
If your medical bills, lost income, and other damages exceed the at-fault driver’s policy limits, you may be able to:
- File a personal injury lawsuit against the at-fault driver
- Seek compensation from other applicable insurance policies
- Pursue additional damages allowed under Texas law
Determining your best options requires a detailed legal review.
At-Fault vs. No-Fault States: What’s the Difference?
At-Fault States (Like Texas)
- The responsible driver pays
- You can file a claim directly against the at-fault driver
- You may sue for full damages
No-Fault States
- Each driver’s insurance pays their own medical bills
- Lawsuits are limited unless injuries are severe
- PIP coverage is mandatory
Texas does not operate under a no-fault system.
Injured in a Texas Car Accident? The Law Giant Can Help
Any car accident can leave you overwhelmed—especially when insurance companies delay or deny claims. After getting medical treatment, speaking with an experienced Texas personal injury lawyer can protect your rights.
The Law Giant, Personal Injury & Accident Lawyers can:
- Investigate fault
- Handle insurance negotiations
- Pursue maximum compensation for your injuries
Call Texas Law Giant today at (956) 982-1800 today to schedule your free case evaluation.
We’ll handle the legal process while you focus on healing.
FAQs About At-Fault States in Texas
Is Texas an at-fault state?
Yes. Texas is an at-fault state, meaning the driver who caused the accident is responsible for damages.
What is an at-fault accident?
An at-fault accident is one where a driver’s negligence caused injuries or property damage.
What if I was not at fault in an accident?
If you were not at fault, you can file a claim against the responsible driver’s insurance for compensation.
Can I recover damages if I was partially at fault?
Yes. As long as you are less than 51% at fault, you can still recover compensation, though it may be reduced.
What insurance pays in a non-at-fault accident?
The at-fault driver’s liability insurance typically pays for your medical bills, property damage, and other losses.
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