While some car accidents are black and white, and others fall within a range of shades of gray, the state of Texas being an at-fault state can cause some issues in how you receive compensation should you pursue an injury claim following a car accident. It is common for different opinions to clash in the event of an accident. Sometimes both parties are to blame for the accident and consequently the injuries each party is suffering from.
Texas has a modified comparative negligence law. This means you can have even the smallest bit of negligence as the plaintiff in an accident, you can still rightfully seek recovery for your claims. Old contributory laws bar you from seeking any financial restitution for your injuries even if you have the slightest bit of fault. Alabama, Maryland, Virginia, North Carolina, and the District of Columbia all have contributory negligence laws that bar even the slightest bit of at-fault drivers from seeking their day in court.
Texas is an “At-Fault” Car Accident State
Whereas other states, like Texas, have at-fault laws. After a car accident in Texas, all victims will be able to seek financial restitution from the insurance provider of the at-fault party. Regardless, when you have the ability to go after proper compensation in Texas even if you’re partially at fault, you definitely need to seek counsel with the best Dallas car accident lawyers. The Reyes Law Firm can explain and help you definitively limit any amount of fault placed on you.
In Texas, if you were 50% at fault for the accident and are seeking compensation from the other party’s insurance, you may only receive 50% of the total amount of damages you are claiming. The other 50% will have to come through your own insurance policy claim. The same works for if you were found to be 20% at fault, 80% of the recovery available for your damages will be able to be awarded to you in the end of the other party’s policy.
Angel Reyes Can Help You Recover
To maximize the amount of compensation you can receive, filing a claim first with the third-party company will be your best choice. If the third-party company denies your claim due to their investigation proving you were in fact the one at-fault, you will want to open a claim with your own insurance. In any event, the best course of action is to pursue the claim under the third-party first, regardless of how much you were at-fault.
However, while they investigate, it is never a bad idea to hire your own team of car accident attorneys to represent you in the ultimate fight for your compensation. We can help ensure you are being given a fair chance when it comes to your injury claim. Questions are always free when you call Angel Reyes at (214) 526-7900.