A no-fault rule means that each party involved in a vehicle accident must pay their expenses and typically requires a person to own personal injury protection insurance. In this case, if two parties get into a motor vehicle accident, their insurance providers will be responsible for their injuries or any associated damages.
Texas is not a no-fault state. Insurance claims or lawsuits must be filed against the at-fault driver, and thus every driver can be held liable for any injury or damages that they cause. Houston uses the comparative fault system to ascertain the damages for car accidents and the associated personal injury or property damage.How to Prove Fault in a Houston Car Accident
It may not be the first consideration after a car accident, but one of the things you will need to do before obtaining any financial compensation is to determine fault. In Houston, you will seek compensation for injuries and property damage from the party at fault for causing the car accident. The lawyers at Williams Hart will help demonstrate fault so that you can receive fair reimbursement for damages, loss in wages, medical bills, and property repairs.
We recommend that you contact Williams Hart as soon as possible after an accident. Remember that the insurance company will not be on your side, although they may appear empathetic in order to obtain the lowest settlement possible. Provide your insurance company only with the facts and never discuss fault. Feel free to pass any queries from your insurance provider onto your lawyer at Williams Hart.
At the accident scene, make sure that you, or someone you trust, take plenty of pictures or videos, if you are able, including any:
- Injuries that you can visualize
- Vehicle damage
- Property damage
- Skid marks
- Debris that might be on the road
- Weather – like snow, rain, etc.
What if You and Another Driver Are Both at Fault for a Car Accident in Houston?
It is possible to file a claim, and potentially receive compensation in Houston, if both drivers are partially at fault. Texas has an altered comparative fault rules that permit a driver to recover damages as long as they are considered 50% or less at fault for the accident. The lawyers of Williams Hart have a long track record for investigating vehicle accidents in Houston and ensuring their clients receive a fair settlement.
Do You Need to Report a Car Accident in Houston?
Remember that in Houston if a person is injured, or the damage to a vehicle is more than $1000, you must report the accident to police. Failure to report a serious accident involving injury or damage exceeding $1,000 is punishable with time in jail and/or a fine of up to $5,000.
The effectiveness of your case often depends on the experience of your lawyers. By picking a local Houston law firm to represent you, you will have the best local knowledge and an advocate that cares about the safety of their community.
The attorneys at Williams Hart can investigate your accident, help to identify any potential defendants, file a claim in court, and be your advocate with insurance claims adjusters. Most cases involving vehicle accidents in Houston can be settled out of court, but rest assured that Williams Hart is ready to go the distance for you if the need arises. Contact us today to set up a free initial consultation.