In car accident cases, determining who was at fault is key for settling a dispute. In Texas, both parties involved may be found responsible for the accident to some degree. This is a concept called comparative negligence. Our Houston car accident lawyer explains comparative negligence and how it could affect your car accident case.
What Is Comparative Negligence in Texas?
Comparative negligence holds the most at-fault party liable in a car accident case. This means that Texas allows injured parties to recover damages even if they were partially responsible for the accident. This is fortunate because many personal injury victims played some role in causing their own accident.
Comparative Fault in Texas and the 51 Percent Bar Rule
It is fortunate that Texas holds the comparative negligence doctrine. However, this does not mean that personal injury cases in Texas are a zero-sum game.
In this state, the 51 Percent Bar Rule tempers the comparative negligence doctrine. This rule states that an injured party cannot recover damages if they are at least 51 percent responsible for the accident.
Comparative Fault in Texas and Reduced Damages
Comparative negligence in Texas also sets limitations on how much compensation you can recover in a personal injury case. If you are partially responsible for your own injury, Texas will reduce your monetary compensation to reflect this.
For example, say the court finds that you were 10 percent at fault for the wreck while the other driver was 90 percent at fault. Your damages would be reduced by 10 percent. This 10 percent reduction reflects your participation in causing the accident.
Comparative Fault in Texas and Insurance
When it comes to auto accidents, Texas is an “at fault” insurance state. This means that an injured party must be able to prove that the other driver was at fault for an accident in order to recover damages. If you cannot do this, you will not receive any compensation for your injuries.
Contact Our Car Accident Lawyer in Houston, TX
Lawmakers designed the modified version of comparative negligence in Texas to be fair. However, they have also made proving liability an integral part of car accident cases. It is a common practice for insurance companies to do everything they can to prove victims responsible in some way so they will not have to pay out as much.
This means that proving liability can make or break your case. If you have been injured in a Texas car accident, you should consider hiring a lawyer. Contact our office today to learn more about how we can help you secure the compensation you deserve.