Determining fault in a car accident is seldom straightforward. The process becomes even more difficult when both drivers share the blame. In these situations, Texas uses a modified comparative fault system, also known as comparative negligence, to allocate a percentage of liability to each driver. each person is liable for the accident. If you were recently involved in a traffic collision, the experienced Corpus Christi car accident attorneys at Edwards Law Firm can help you understand how modified comparative fault can impact your car accident claim. Contact us to schedule a free consultation.
Comparative Fault Basics
In basic terms, comparative fault is a legal principle that describes proportionate responsibility. It means that each driver involved in a car accident will be assigned a specific percentage of fault based on their degree of negligence. The more fault assigned to a driver, the less compensation they can recover. Texas is just one of 33 states that use some form of comparative fault laws.
Usually, when a driver files a car accident claim, each party tries to shift as much blame as possible to the other driver. The plaintiff (the driver who filed the claim) wants to reduce their percentage of fault in order to maximize their compensation. Correspondingly, the defendant wants to reduce their percentage of fault to ensure they pay out the least amount possible. If the plaintiff’s claim is successful, their total compensation award, if any, will be reduced by their percentage of fault.
How Is Fault Proven in a Car Accident?
Determining fault in a car accident involves a comprehensive investigation, a knowledge of all applicable laws, and the presentation of multiple forms of evidence. Some common forms of evidence that car accident lawyers and insurance companies both use to prove fault include:
- Police accident reports: The accident report filled out by the responding officer is a critical document that can supply an impartial third-party viewpoint of the collision.
- Eyewitness statements: Bystanders often provide important details about the crash and corroborate one driver’s version of events.
- Videos and pictures: Videos or pictures taken at the scene can help establish exactly what happened and who is to blame.
- Medical records: Your medical records can prove that the accident caused your injuries, which is a vital element in any personal injury case.
- Expert testimony: Accident reconstruction and medical experts can provide invaluable insight into the cause of the accident and the severity and longevity of your injuries.
What Is Texas’ Comparative Fault Law?
Some at-fault states operate under the system of pure comparative fault. This allows any party involved in an accident to recover compensation for accident-related damages provided they were not 100% at fault for the crash. Texas, however, operates under the system of modified comparative fault. The Texas Comparative Fault Law still permits the injured party to recover damages even if they contributed to an accident unless they are more than 50% at fault. If this is the case, they will be ineligible to recover any financial compensation no matter how great their damages. This is known as the 51% rule.
The 51% Rule
The comparative fault laws used in Texas are known as modified comparative fault because an additional rule called the 51% rule is applied. The 51% rule states that no party found to be 51% or more at fault can collect monetary damages. So, the amount of damages you could potentially recover runs on a sliding scale from 100% of your award if you are 0% at fault to 50% of your award if you are 50% at fault. Once your percentage of fault reaches 51%, you will be barred from any financial recovery.
Can Comparative Fault Reduce My Compensation?
Yes, comparative fault can reduce your total amount of financial compensation by the amount of your percentage of fault. For instance, if you are found to be 20% at fault for a car accident, your damages will be reduced by 20%. Keep in mind that the insurance company will work very hard to shift as much blame as they can onto you in order to minimize any payout they have to make. Working with a skilled Corpus Christi personal injury attorney can make a considerable difference in the results of your claim.
Were You Injured in a Corpus Christi, TX Car Accident?
If you were injured in a car accident through no fault of your own, schedule a free consultation with one of the experienced Corpus Christi car accident attorneys at Edwards Law Firm by calling 361-217-6679 or filling out the contact form on our website. We serve clients across the Texas Gulf Coast region.