When you’re injured in a car accident in Corpus Christi, one of the first questions that arises is—who’s at fault? In Texas, determining fault is critical because it directly affects your ability to recover compensation. Unlike “no-fault” states, Texas follows an at-fault system, which means the driver responsible for causing the accident (and their insurance company) is typically liable for paying damages. Understanding how these laws work can make a major difference in the outcome of your claim.
Understanding Texas as an At-Fault State
Texas operates under what’s called a “fault” or “tort” system. Simply put, the person who causes the accident is financially responsible for the resulting injuries and property damage. Victims can seek compensation in three main ways:
- Filing a claim with the at-fault driver’s insurance company
- Filing a claim with your own insurance company (which may then seek reimbursement)
- Filing a personal injury lawsuit against the at-fault driver
Every driver in Texas is required to carry a minimum amount of liability insurance to cover these potential damages. However, the minimum coverage may not be enough to cover the full cost of serious injuries, which is why many victims choose to pursue legal action.
The Role of Comparative Negligence
Even if the other driver caused the crash, Texas law recognizes that more than one person can share blame. The state follows a modified comparative negligence rule, also known as the 51% bar rule.
Here’s how it works:
- If you are less than 51% at fault, you can still recover compensation.
- However, your total compensation will be reduced by the percentage of fault attributed to you.
- If you are 51% or more at fault, you cannot recover damages.
For example, if you were awarded $100,000 in damages but found to be 20% responsible for the accident, your recovery would be reduced to $80,000. This rule makes it essential to gather strong evidence that minimizes your percentage of fault—something an experienced attorney can help with.
Why Fault Matters So Much in Corpus Christi Car Accident Claims
Fault determines not just who pays, but how much you can recover. Insurance companies are aware of this and often exploit it to their advantage. Adjusters may try to shift more blame onto you to reduce their financial responsibility. That’s why having a skilled Corpus Christi car accident lawyer can make a significant difference in protecting your rights.
A knowledgeable attorney will:
- Conduct a detailed investigation of your crash
- Gather police reports, witness statements, and expert testimony
- Analyze accident scene evidence and vehicle damage
- Negotiate aggressively with insurers to ensure you receive fair compensation
Without strong representation, it’s easy to be taken advantage of during settlement negotiations—especially when insurers claim you share most of the fault.
How Long Do You Have to File a Claim
In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can prevent you from recovering any compensation. However, certain exceptions may apply depending on the details of your case, so it’s essential to speak with a lawyer as soon as possible after your accident.
Corpus Christi Car Accident Lawyers
Dealing with insurance companies and fault disputes can be overwhelming, especially when you’re recovering from an injury. At Brunkenhoefer, P.C. Injury Attorneys, we’ve helped countless accident victims in Corpus Christi and throughout South Texas hold negligent drivers accountable and secure the compensation they deserve. We know Texas fault laws inside and out—and we’ll stand up to the insurance companies to make sure you’re treated fairly. Contact us today at (361) 310-5299 to get started.