In short, no, but here is an in detail explanation. Some states have “no-fault” insurance laws and “no-fault” auto accident regulations, whereas other states have “at-fault” insurance laws.
Contacting a motorcycle accident lawyer Houston is generally advisable.
Regarding auto accidents, Texas is indeed an at-fault state; more precisely, it is a “comparative blame” jurisdiction. As a result, any motorist who is entirely or partially—by at least 50%—to blame for an accident must accept responsibility.
Texas law mandates that anyone using the state’s highways do so with valid insurance. This serves as protection for you as well as other road users, by offering liability insurance coverage in the event of an accident. Texas mandates a minimum of $30,000 in bodily harm protection per person and $25,000 in damage to property protection.
What Are the Differences Between No-Fault, At-Fault, and Partial-Fault States?
Based on the minimal insurance required by state law, drivers in no-fault states are obligated to have mandated personal injury protection coverage. The injured party will initially submit a claim via their insurance provider even when the other person is obviously to blame for the accident. In a no-fault jurisdiction, you do not need to prove your guilt to be compensated for your damages.
In a no-fault jurisdiction, the injured person typically cannot sue the person who caused the collision unless their insurance plan limitations are more than their losses, as may be the case if they sustained serious injuries and incurred high medical costs.
Texas, on the other hand, permits you to sue another party who was at fault in the accident and receive compensation for your injuries. You will be entitled to compensation from the at-fault party’s insurance company. You will not have to submit a claim to your insurance provider, which can occasionally prevent a rise in your insurance premiums.
Another idea employed in Texas civil liability legislation is partial blame liability. According to partial blame responsibility, the injured party’s recovery may be lowered if both parties participated in the accident.
How Can You Establish Fault?
Not only is the issue of fault one of law, but it is also one of fact. You must use evidence that establishes liability to demonstrate that the other person was at fault. Evidence that can be used to establish culpability liability includes pictures, videos, phone records, papers, crash restoration reports, police statements, and witness testimony, to name just a few. To be successful in a negligence action, you must also demonstrate damages in addition to liability. This procedure requires showing the scope of your injuries, for instance, by supplying medical records and related doctor’s, hospital, and pharmacy expenses. Liability for mistakes is frequently a very involved and challenging issue.