Accident Liability If Driver Is Disabled

Posted February 13, 2019 | Personal Injury Blog

Texas follows an at-fault (tort) insurance system, meaning the driver responsible for causing a car accident is also responsible for paying damages. If you are injured in an accident involving a disabled driver in Texas, you may have the right to pursue compensation through the at-fault driver’s insurance or by filing a personal injury claim.

However, when a disability is involved, determining liability can become more complex and requires a careful evaluation of the facts.

Determining Fault in Texas Car Accidents

The first step after any accident is establishing who was at fault. In Texas, injured victims must prove that another party’s negligence caused the crash.

Unlike no-fault states, Texas does not require you to meet a medical threshold before filing a claim. However, your compensation may be affected by modified comparative negligence rules.

• If you are partially at fault, your compensation is reduced by your percentage of fault
• If you are more than 50% at fault, you may not recover damages

To build a strong case, you and your attorney must show that the other driver acted negligently, whether due to distracted driving, fatigue, or inability to safely operate the vehicle.

Does a Disability Affect Liability?

Having a disability does not automatically make a driver negligent. Many individuals with disabilities safely operate vehicles using adaptive equipment and accommodations.

However, a disability may become relevant in a personal injury claim if it contributed to the accident. For example:

• Vision impairments
• Limited mobility
• Neurological conditions

If a driver’s condition interfered with their ability to safely control the vehicle, it may be considered a factor in determining liability.

Driver Licensing Requirements in Texas

Texas allows individuals with disabilities to obtain a valid driver’s license, provided they can safely operate a vehicle.

Some drivers may:

• Use adaptive equipment (e.g., hand controls)
• Have license restrictions (e.g., no nighttime driving)

If a driver violates these restrictions or operates a vehicle without proper authorization, it may be considered negligence, which can impact liability in a personal injury case.

Insurance Coverage for Disabled Drivers in Texas

Under federal law, including the Americans with Disabilities Act (ADA), insurance companies cannot discriminate against drivers based on disability. Disabled drivers typically carry the same types of auto insurance as other motorists.

In Texas, drivers are required to carry minimum liability insurance:

• $30,000 for injury per person
• $60,000 per accident
• $25,000 for property damage

If you are injured in an accident involving a disabled driver, you may:

• File a claim against the at-fault driver’s insurance
• Use your own coverage (e.g., uninsured/underinsured motorist coverage) if necessary

When to Seek Legal Help

Accidents involving disabled drivers can raise complex legal and medical questions. Determining whether a disability played a role in the crash and how it affects liability, requires a thorough investigation.

An experienced Texas personal injury lawyer can:

• Analyze fault and liability
• Gather medical and accident evidence
• Negotiate with insurance companies
• Help you pursue full compensation

Final Thoughts

If you were injured in a car accident involving a disabled driver in Texas, you may still have the right to recover damages. Each case depends on the specific circumstances, including whether negligence can be proven.

Understanding your rights and options is the first step toward protecting your financial recovery and moving forward.

Text edited by Mitchell Fielding, a personal injury lawyer and partner at Fielding Law. Mitchell is known for his hard work ethic, friendly personality and dedication to the law. You can find out personal injury law offices in Taylorsville, UT and Mesquite, TX.