When to Hire an At-Fault Car Accident Lawyer in Texas
When Do You Need an At-Fault Car Accident Lawyer in Texas
Being blamed for a crash doesn’t automatically end your case — and there’s a common misconception worth clearing up first: not having a driver’s license doesn’t make you automatically at fault, either. Texas fault law looks at what actually caused the crash, not your paperwork.
Texas Is a Fault-Based System
The driver who causes the crash is responsible for the damages. Texas uses the 51% bar rule: if you’re found 51% or more at fault, you can’t recover from the other driver. Below that threshold, you can still file a claim, with your recovery reduced by your own percentage of fault. An unlicensed driver can still pursue a claim if someone else’s negligence — running a red light, following too closely, driving distracted — actually caused the crash.
What Being Found Partially At Fault Actually Costs You
If you’re found 30% at fault, you recover 70% of what your claim is worth. Being found responsible can also mean higher future insurance costs, potential liability for the other driver’s medical bills and lost wages, and exposure to a personal injury lawsuit if damages exceed your policy limits.
When You Should Talk to a Lawyer
- You’re being blamed for a crash you don’t believe you caused
- You suffered a serious injury
- You’re facing a personal injury lawsuit
- The other driver’s account of events doesn’t match what actually happened
- You were unlicensed at the time, and the insurer is using that fact to pressure you
What a Lawyer Actually Does in These Cases
- Builds your case using the police report, photos, and witness accounts
- Works to lower an inflated fault percentage assigned to you
- Handles all communication with the insurance company
- Pursues compensation for medical bills, lost wages, and pain and suffering where you’re less than 51% at fault
Texas’s Filing Deadline
You generally have two years from the date of the accident to file a claim under Texas Civil Practice and Remedies Code § 16.003. Waiting to get legal help doesn’t just risk the deadline — it also gives the evidence more time to disappear.
What to Bring to Your First Consultation
- The police report, if one was filed
- Any medical records from treatment so far
- Your auto insurance information
- Photos of the accident scene or vehicle damage
Don’t assume fault means no justice
Whether you were unlicensed, partially at fault, or unsure where you stand, the sooner you talk to a lawyer, the more options you have. Call the Traub Law Office at (512) 246-9191 or contact us online for a free consultation. We don’t charge you unless we win.
About Andrew Traub
