How Do Texas’ Tort-Based Car Accident Laws Work?
If you’ve just suffered an injury after a car accident in Texas, you might be encountering complicated legal concepts for the first time. One of the legal concepts that causes a considerable amount of confusion for accident victims is Texas’ “At-Fault” or “Tort-Based” system when it comes to handling car accident claims. But while this system might sound like a bunch of legal jargon at first, it may be easier to understand than you think — especially when you get help from a qualified, experienced accident attorney in Arlington who can explain these details clearly.
Texas’ Fault-Based System Explained
In Texas, you must follow a “tort-based” or “fault-based” system when pursuing compensation after a car accident. This means that in order to receive compensation, you must hold someone else accountable. In other words, you must put the blame on someone else’s shoulders and prove that they caused the accident (at least in part). In the legal system, this is known as “establishing negligence.”
But what happens if you sue someone who doesn’t actually have any money to pay you? This is rarely an issue, because according to Texas law, each driver must have at least $30,000 worth of coverage for injuries per person — up to a total of $60,000 per accident. This means that if you get into an accident and you suffer an injury, you will likely have the ability to pursue a settlement that is worth $60,000 — enough to cover most minor injuries.
The process of establishing negligence is an important aspect of a tort-based claim. In order to receive compensation, you actually need to prove that a negligent party caused your accident. There are four “elements” of negligence to consider.
- Duty of Care
First of all, you need to establish that the negligent party owed you a duty of care. In a car accident, this is relatively easy — since all motorists owe each other a duty of care as soon as they get behind the wheel of a vehicle.
- Breach of Duty
You will then need to establish that they breached this duty in some way — perhaps by texting and driving, drinking before driving, or speeding.
- Causation
The third step is to establish that this breach of duty was the deciding factor that caused the accident. For example, they might have run through a red light while texting because they weren’t paying attention. However, if they texted and drove while simultaneously respecting all the rules of the road, they may not be held liable because their breach of duty did not actually cause the accident.
- Injuries
Finally, you will need to show that you suffered legitimate injuries as a result of your crash. This is as easy as producing your medical records.
Where Can I Find an Accident Attorney in Arlington?
Figuring out the legal system is not your responsibility as an injured car accident victim. Contact Cooper Law Firm at your earliest convenience, and you can focus on healing while we handle the legal details. Rest assured that we have the experience and qualifications necessary to guide you toward a fair settlement. You can use this settlement to pay for medical expenses, missed wages, and any other damages you might have incurred. Book your consultation today.
Sources
- https://wallethub.com/answers/ci/is-texas-a-no-fault-state-2140699321/
- https://www.tdi.texas.gov/tips/car-insurance.html#:~:text=State%20law%20requires%20people%20who,at%20fault%20in%20an%20accident.
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Cooper Law Firm
N. Eric Cooper
Mailing: P.O. Box 2222
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Address: 501 N Third St,
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