Jason Stephens | February 23, 2024 | Car Accidents
Car accidents continue to be one of the most common causes of unintentional injuries and deaths. In 2022, the Texas Department of Transportation (TxDOT) reported 555,229 traffic accidents. On average, a person died every two hours that year, and someone was injured every two minutes.
Many car accidents occur because of negligence. One or both drivers are usually at fault for causing the accident. Common reasons for car accidents include speeding, impaired driving, distracted driving, and reckless driving.
However, there are some car accidents where neither driver contributed to the cause of the crash. A no-fault car accident can occur because of a medical emergency or sudden traffic hazard. In these cases, no one is at fault because of uncontrollable events.
If you are involved in a no-fault car accident in Fort Worth, you may assume you cannot recover compensation for your damages. Before you accept that no one was at fault for causing your crash, you should set up a free consultation with an attorney. You might be surprised to learn you can recover compensation for damages.
Filing a Claim for Benefits Under No-Fault Insurance Coverage
Texas drivers are required to purchase minimum amounts of liability car insurance. This coverage pays accident victims for their damages.
Importantly, Texas law requires insurance companies to offer PIP (Personal Injury Protection) insurance coverage when a consumer purchases any automobile liability insurance policy. You can reject PIP coverage, but the company must obtain your rejection in writing.
If you accept PIP insurance, you can file a claim for damages with your insurance company. PIP is no-fault insurance. Therefore, you can receive benefits even if you caused the accident or if no one was at fault for your Fort Worth car accident.
Who Determines Fault for a Fort Worth Car Accident?
Initially, the police officer at the accident scene determines whether either driver contributed to the cause of the accident. The officer may interview the drivers, passengers, and eyewitnesses. The police officer may survey the area and use their knowledge of car accidents to determine how the accident occurred and who was at fault.
The police officer notes on the crash report whether each driver contributed to the cause of the wreck. They also note whether they issued a traffic citation.
However, the police officer’s determination of fault is not the final determination. If you believe the other driver caused the crash, you can pursue an insurance claim against the other driver’s liability insurance coverage. The insurance provider investigates the crash and decides whether its driver could be at fault. If so, the insurance company may pay your claim.
Even if the insurance company does not accept liability for the car accident, it is not the final word. You can file a lawsuit and take your case to court. A jury decides whether a driver contributed to the cause of the crash based on evidence presented at trial. The jurors can hold the other driver liable for damages even though the police report does not indicate fault.
Why Is Determining Fault for a Fort Worth Car Accident Important?
Texas bases liability for car accident damages on fault. You must prove that the other driver caused the crash to recover compensation for damages. An at-fault driver can be held financially liable for your economic and non-economic damages, including:
- Out-of-pocket expenses
- Loss of enjoyment of life
- Medical bills
- Emotional distress and mental anguish
- Property damage
- Lost wages and benefits
- Scarring and disfigurement
- Diminished quality of life
- Impairments and disabilities
- Physical pain and suffering
- Reductions in earning capacity
The insurance company would be responsible for paying the jury award up to the policy limits. You would need to pursue a personal judgment for the remaining amount against the at-fault driver.
What Should I Do if No One Was at Fault for My Fort Worth Car Accident?
Talk with a Fort Worth car accident attorney about your case. An experienced personal injury lawyer understands the legal elements of a negligence claim. The attorney can review the facts of the case to determine whether the other driver could be at fault.
Determining fault for a car accident can be challenging in some situations. An attorney may consult with an accident reconstructionist and other experts to recreate the accident to determine fault.
You can help prove fault by gathering evidence at the accident scene, such as taking photos of the vehicles, making a video of the accident scene, and obtaining eyewitness contact information. Your attorney can use this information to assist in their investigation of the car crash.
The bottom line is that you should not trust what an insurance adjuster tells you or what a police report states. Instead, check with a Fort Worth car accident lawyer to learn if you should receive compensation for your car accident injuries.
Contact Our Personal Injury Law Firm in Fort Worth, TX
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth personal injury lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 300
Fort Worth, TX 76107
(817) 420-7000
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
109 York Ave Suite #201
Weatherford, TX 76086
(817) 663-0758