Is Texas an At-Fault or No-Fault State

Texas is an at-fault state for auto insurance, not a no-fault or choice no-fault state. This means that in the event of an automobile accident, the driver who is found to be at fault is responsible for covering the damages and injuries sustained by the other parties involved. The at-fault driver’s insurance company typically pays out these claims.

Consequently, it is crucial for drivers in Texas to have adequate liability insurance to protect themselves financially. The state mandates minimum liability coverage, but many experts recommend higher limits to better safeguard against potential losses.

Man and woman arguing who is at-fault, standing together on the road with their cars on the background after the car accident.

Difference Between At-Fault, No-Fault, and Choice No-Fault Insurance Laws

Understanding fault insurance laws and the distinction between at-fault, no-fault, and choice no-fault insurance laws is crucial when evaluating auto insurance requirements.

At-Fault Insurance Laws

In at-fault states, also known as tort states, the driver who caused the accident is responsible for compensating the other party for damages and injuries. The at-fault driver’s insurance company typically covers these costs through liability coverage. This system often involves determining fault and can sometimes lead to disputes and legal proceedings.

At-fault insurance laws exist in 38 states, including Texas as well as the District of Columbia. These at-fault states include: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

No-Fault Insurance Laws

In no-fault states, each driver’s insurance company covers their own injuries and damages regardless of who caused the accident. This system is designed to reduce the need for litigation and speed up the process of claims. Policyholders in no-fault states usually have personal injury protection (PIP) coverage to pay for medical expenses and lost wages. Serious cases may still be subject to fault-based compensation if certain injury thresholds are met.

No-fault insurance laws exist in 12 states: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

Choice No-Fault Insurance Laws

Choice no-fault states are considered a subset of no-fault insurance laws. They offer drivers the option to select either no-fault insurance or traditional at-fault coverage. This hybrid system allows for flexibility, enabling drivers to choose the level of coverage and claims process that best suits their preferences and needs. Depending on the choice, the claim process may follow either no-fault protocols or the at-fault determination procedures.

Only 3 states have choice no-fault insurance laws: Kentucky, New Jersey, and Pennsylvania. If an insured driver does not select an option in a choice no-fault state, the default selection is at-fault in Pennsylvania, and no-fault in Kentucky and New Jersey.

Fault vs. No-Fault Insurance Laws by State

How to Determine Fault in a Car Wreck in Texas

Determining fault in a car accident in Texas involves several steps, where evidence is meticulously gathered and analyzed to establish which driver was negligent. The following types of evidence are typically used:

  • Police Reports: Law enforcement officers who respond to the scene of the accident will usually file a report detailing the incident. This report can include statements from the drivers and witnesses, descriptions of the scene, and sometimes the officer’s opinion on who was at fault.
  • Eyewitness Testimony: Witnesses who saw the accident can provide crucial, unbiased accounts of how the incident occurred, which can help determine the responsible party.
  • Photographic Evidence: Photos taken at the scene, showing the positions of the vehicles, damage, skid marks, traffic signals, road conditions, and any other relevant details, can offer important visual evidence.
  • Traffic Camera Footage: Surveillance cameras or dashcam footage may capture the events leading up to the collision, providing clear and objective evidence of the incident.
  • Expert Testimony: Accident reconstruction experts can analyze the evidence and provide their professional opinion on how the accident happened and which party is likely at fault.
  • Medical Records: The nature and extent of injuries sustained by the parties involved can sometimes shed light on the details of the collision and who may have been at fault.

What Happens if I am Partially At-Fault for an Accident?

Understanding the different types of negligence laws is essential for drivers involved in an accident, especially if they are found to be partially at fault. Each state has its own approach to negligence, influencing the amount of compensation an at-fault driver might receive.

Here are the main types of negligence laws:

Comparative Negligence

Comparative negligence laws are followed by 45 states, and can be divided into 3 sub-categories:

  • Pure Comparative Negligence: In states following pure comparative negligence, a driver can recover damages even if they are 99% at fault. However, the compensation received will be reduced by their percentage of fault. For example, if a driver is awarded $10,000 in damages but is found to be 70% at fault, they will receive $3,000. Pure comparative negligence is used in 12 states.
  • Modified Comparative Negligence: States using modified comparative negligence set a threshold for fault, commonly at 50% or 51%. A driver can only recover damages if their fault is below this threshold. For instance, if a driver is 49% at fault and awarded $10,000, they will receive $5,100 (if the threshold is 50%). However, if they are 51% at fault, they would receive nothing. Modified comparative negligence is used in 33 states, including Texas
  • Slight-Gross Negligence Rule: This rule is applied in a few states and differentiates based on the degree of fault. A driver who is only slightly negligent can recover damages even if they were partially at fault, but a driver whose fault is considered gross (significantly negligent) may not recover compensation. Slight versus gross negligence is only used in South Dakota.

Contributory Negligence

In states with contributory negligence laws, a driver who is found even slightly at fault (1% or more) for the accident cannot recover any damages. This strict approach means that partial fault completely bars recovery from other parties involved in the accident. The following 4 states plus the District of Columbia use contributory negligence: Alabama, Maryland, North Carolina, and Virginia.

Negligence Laws in Texas

Texas follows a modified comparative negligence rule, which means that each party’s degree of fault is taken into account when determining compensation. Under this rule:

  • 51% Bar Rule: If a driver is found to be 51% or more at fault for the accident, they are barred from recovering any compensation for their damages from the other parties involved.
  • Proportionate Responsibility: If a driver is found to be partially at fault, but less than 51%, their compensation will be reduced by their percentage of fault. For example, if a driver is deemed 30% at fault and has damages amounting to $10,000, they would only be entitled to recover $7,000 (i.e., $10,000 minus 30%).

This comparative negligence approach ensures a fair distribution of responsibility and compensation based on the specific circumstances of each accident.

Negligence Laws by State in all 50 States in the United States

How the Car Accident Lawyers at Thompson Law Can Help With Your Case

At Thompson Law, our car accident lawyers are dedicated to guiding you through the personal injury claims process with the at-fault party’s insurance company after a car accident. Our attorneys will be able to assist with the following:

  • Filing a claim with the at-fault party’s insurance
  • Completing necessary insurance claim paperwork
  • Gathering and submitting evidence to establish fault and support your claim
  • Submitting a demand letter based on cases with similar fact patterns
  • Negotiating a settlement with the insurance company
  • Ensuring your claims are filed within Texas’s two-year statute of limitations for personal injury claims
  • Representing your civil case in court, if needed

If you’re uncertain about how a car accident lawyer can assist you with your case in Texas, feel free to call our office to schedule a FREE CONSULTATION.

No Win No Fee for Personal Injury Case - Is Texas an At-Fault or No-Fault State

Recent Post

Photo of car accident on road. How to Determine Who is at Fault in a Texas Car Accident

What to Do After A Car Accident in Texas

After a car accident, it is essential to remain composed and follow certain steps to safeguard your rights. These steps will not only ensure your safety but also help you

Read More


How Does the Personal Injury Claims Process Work?

Suppose you or a loved one have been injured by some else’s negligence in an accident like a motor vehicle crash, workplace accident, or slip and fall. You might decide

Read More

Car Wreck Lawyer

When To Get A Car Wreck Lawyer

Following a car accident, you may be asking yourself, “When do I need a car wreck lawyer?” The answer: It is always worth contacting a car accident attorney. Start by

Read More

Personal Injury Claims

How Long Does a Personal Injury Lawsuit Take in Texas?

The first question that many new clients ask when they are beginning the process of hiring a personal injury claims lawyer is, “how long is my personal injury case going

Read More

insurance claim attorney

Minimum Car Insurance Requirements by State

Minimum car insurance requirements vary from state to state in the United States. Understanding the minimum car insurance requirements in each state is crucial for drivers, insurance seekers, and policyholders.

Read More

Punitive Damages are shown using a text - What are punitive damages?

What Are Punitive Damages?

Punitive damages are a type of financial compensation awarded in civil lawsuits. Unlike compensatory damages, which are intended to reimburse the plaintiff for actual losses such as medical expenses, lost

Read More

Truck Accident Guide

Injuries Commonly Sustained in Trucking Accidents

When a heavy truck collides with a passenger vehicle, the size and weight difference significantly increase the risk of serious injury or fatality for the passenger car's occupants compared to

Read More

Thompson Law Guarantee

Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.

State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.