After your spouse is in a car accident in Texas, you might wonder if you can be held financially responsible. Texas follows a fault-based system for car wrecks, which means a driver who causes a crash is responsible for any injuries or financial losses that result. However, financial liability could extend beyond the at-fault driver if their spouse owns the car and allows them to drive it.
In some cases, Texas law allows injured parties to seek compensation from the at-fault driver’s spouse. But spousal liability depends on complex legal theories, and fault may not be as clear as it seems. Many drivers may feel guilty after a car accident and try to analyze anything they could’ve done differently – but that doesn’t always mean they’re at fault.
How Is Liability Determined for Texas Car Accidents?
Texas law determines liability for most collisions based on negligence. Negligence occurs when someone fails to exercise reasonable care and others are hurt as a result. In a car accident injury case, negligence might involve speeding, running a red light, or driving while distracted.
Any driver who contributes to a crash is liable for the harm they cause, which might mean being responsible for other parties’ medical bills, lost wages, and property damage. However, Texas follows a modified comparative fault rule. This rule says victims can only recover compensation if they are less than 51 percent at fault, and their compensation is reduced by their percentage of fault.
For instance, let’s say your spouse is partially to blame for a car accident, but another party is 51 percent or more at fault. In that case, the other party would lose the right to claim compensation from you or your spouse. And if your spouse is less than 51 percent to blame, they may be the one who is owed compensation.
Legal Concepts That May Apply to Spousal Liability in Texas Car Crashes
Texas law allows injured parties to seek compensation from at-fault drivers. In some cases, the at-fault driver’s spouse might also face liability. Several legal concepts determine whether a spouse shares responsibility for accidents, including the family purpose doctrine and negligent entrustment.
Family Purpose Doctrine
The family purpose doctrine holds a vehicle owner responsible if their family member causes an accident while using the car for purposes benefitting the family. For example, if your spouse was driving your car to get groceries for you and your family, the other driver might argue that you share liability.
Negligent Entrustment
Negligent entrustment occurs when a vehicle owner allows an unfit driver to use their car. To prove negligent entrustment, the injured party must show that the owner knew or should have known the driver posed a risk. If you know your spouse has a history of reckless driving or lacks a valid license, you might be responsible for any accidents they cause if you lend them your car.
Insurance Coverage in Texas Car Accident Cases
All Texas drivers are legally required to carry proof that they can pay for any injuries or property damage they cause in traffic accidents. Most drivers meet this requirement by purchasing auto liability insurance. Texas law requires at least:
- $30,000 per person in bodily injury coverage
- $60,000 per accident in bodily injury coverage
- $25,000 in property damage coverage
Texas car insurance covers you, your family, and anyone driving your car with your permission. That means that your auto insurance policy may have to cover any damage or injuries your spouse causes while driving your vehicle. If you have no insurance or too little coverage, the injured party could sue for compensation.
Insurance companies often try to minimize payouts after car accidents. They commonly dispute liability and try to pin the blame on someone else. So, your spouse may not be at fault just because the other driver’s insurance says so.
When Someone Else May Be Liable
The other driver may try to claim your spouse caused the car accident. Even if your spouse thinks they did, that may not necessarily be true. Many factors can contribute to a car crash, and several parties can share fault.
Because of Texas’s comparative negligence rule, your spouse only has to be less than 51 percent at fault to pursue compensation. And if the other driver is 51 percent or more at fault, they have no right to compensation from your spouse.
Other parties could also be held liable for the car wreck, such as:
- Another driver
- A driver’s employer
- Vehicle and parts manufacturers
- Maintenance and repair shops
- Government entities
An experienced Texas car accident lawyer can review your spouse’s case to determine if another party may be at fault and pursue compensation from them for your spouse’s injuries.
How to Build a Case Proving Your Spouse Wasn’t At Fault
After reviewing your case, a car accident attorney may suspect that someone else may be to blame. From there, they can work to build a claim establishing the at-fault party’s liability. But proving fault requires strong evidence. Your lawyer can help gather and present this evidence to support your injury claim.
A thorough investigation may involve proof such as:
- The police report, which often includes the officer’s assessment of the accident and any citations they issued
- Witness statements explaining what happened
- Nearby traffic or security cameras that may have recorded the crash
- Accident scene evidence, such as skid marks, vehicle damage, and road conditions
- Defective vehicle parts that may have caused the collision
- Road defects, including potholes, missing or confusing signs, and broken traffic signals
- Phone records establishing distracted driving
- Toxicology reports showing impaired driving
Contact Our Car Accident Lawyers Today to Learn More
If your spouse was injured in a Texas car accident, you might have questions about legal and financial responsibility. The team at Kraft & Associates, Attorneys at Law, P.C. can review your case, determine if someone else may be liable, and explain your options. With more than 50 years of experience helping Texans involved in car accident cases, we know what it takes to get results. Here’s what one of our satisfied clients had to say about working with our team:
“Kraft & Associates is a world-class law firm. They put the client’s interest first, and they are easy to work with. I highly recommend Kraft & Associates.”
— Karl B.We offer free initial consultations so you can discuss your case at no cost. Call us today at (214) 999-9999 or fill out our online contact form to get started.
