In many cases, one driver clearly made a mistake that resulted in a collision. For example, in distracted driving car accidents or speeding accidents, the motorist who was going too fast or not paying attention is most likely responsible for the crash occurring.
In many states, victims can pursue a claim to get compensation from the person who caused the accident. These are called fault states. Georgia car accident laws, for example, establish fault rules. In other states, though, victims have to turn to their own insurer to recover for more minor injuries. They can sue the driver responsible for the crash only if the injuries are serious. This is the case, for example, under Florida car accident laws.
In Texas, fault rules apply so a victim of an accident can always take legal action regardless of how serious the accident was. If a crash victim can show that the other driver was negligent and that the negligence was the direct cause of the accident, then the victim can seek compensation for their losses.
Typically, victims can prove negligence by showing the other driver was unreasonably careless compared to a hypothetical average motorist. A violation of safety rules, such as speed limit laws, can create a presumption of negligence.
Texas Code Section 33.001 establishes comparative fault rules, which dictate what happens if the blame for a crash is shared. Under this statute, victims can pursue a claim against another driver for damages as long as that other motorist was at least 51% to blame. The victim will have their compensation reduced by the percentage of fault attributed to them (the victim), though.