Car accidents can be complex, especially when determining who is at fault. In Texas, the legal principle of "comparative fault" plays a crucial role in deciding how much compensation a victim can recover after an accident. Understanding how comparative fault works can help injured drivers, passengers, and other parties involved in car accidents protect their rights and pursue fair compensation.
In this blog, we’ll break down what comparative fault means in Texas, how it affects car accident claims, and why it’s important to have an experienced lawyer on your side when dealing with this legal doctrine.
Comparative fault, also known as comparative negligence, is a legal principle used to assign responsibility to multiple parties involved in an accident. In essence, it recognizes that more than one person may be partially responsible for causing a crash. Rather than placing 100% of the blame on one party, the law distributes fault among the individuals involved based on their level of responsibility.
In Texas, the state follows a modified comparative fault rule. This means that as long as you are not more than 50% at fault for the accident, you can still recover compensation for your injuries and damages. However, your compensation will be reduced based on your percentage of fault.
The modified comparative fault rule in Texas is outlined in Section 33.001 of the Texas Civil Practice and Remedies Code. Under this rule, if a person is found to be more than 50% responsible for causing the accident, they cannot recover any damages. If you are found to be 50% or less at fault, you can still pursue compensation, but the amount you receive will be reduced by your percentage of fault.
For example, if you are awarded $100,000 in damages, but it is determined that you were 20% at fault for the accident, your compensation would be reduced by 20%, leaving you with $80,000. This system ensures that individuals can still recover damages even if they played a role in causing the crash, as long as their level of fault does not exceed 50%.
When filing a car accident claim in Texas, the issue of comparative fault can significantly impact the outcome of your case. Insurance companies and legal representatives will carefully investigate the circumstances of the accident to determine the degree of fault for each party involved.
The comparative fault often comes into play in car accidents where multiple factors contribute to the crash. Some common scenarios where this rule may be applied include:
Dealing with the complexities of comparative fault can be challenging, especially if you are recovering from injuries and facing mounting medical bills. Insurance companies may attempt to assign a higher percentage of fault to you to minimize the amount they have to pay. This is where having an experienced personal injury lawyer can make all the difference.
In Texas, comparative fault plays a significant role in car accident cases. Understanding how this legal principle works is essential for protecting your rights and ensuring that you receive the compensation you deserve. Whether you are partially responsible for the accident or believe the other driver is fully at fault, it’s important to seek legal counsel as soon as possible.
At the Edwards Law Firm, our experienced Corpus Christi car accident attorneys can help you navigate the complexities of comparative fault and fight for the compensation you deserve. If you’ve been involved in a car accident, don’t wait. Contact us today at 361-320-6752 to discuss your case and learn how we can assist you in seeking justice.
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