Comparative Negligence: How Texas Law Allocates Fault in a Car Accident and Why You Need an Attorney Fighting for Your Cause
A car accident is a chaotic and confusing experience, especially if a serious injury is involved. Trying to pursue a claim against the negligent driver can be even more confusing and complex, particularly when the other driver and their insurance company are disputing who was at fault or arguing that both parties share some of the blame. Read on as we explain the concept of comparative negligence or comparative fault in Texas and how it can affect your car accident or other personal injury claim. If you or a family member has been injured by the negligence of another, contact McLemore, Reddell, & Story, P.L.L.C., to speak with one of our skilled and knowledgeable Houston personal injury lawyers.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used to apportion responsibility and damages based on the degree of fault of each party involved in an accident. Unlike some states that follow a “contributory negligence” model, which can bar recovery if the plaintiff is found even slightly at fault, Texas employs a more forgiving rule known as “proportionate responsibility.”
Under Texas law, each party involved in a car accident is assigned a percentage of fault by the jury or judge. As long as a party is not more than 50% responsible, they may recover damages. However, the catch is that their recovery is reduced by their percentage of fault. For example, if you are found to be 30% at fault in an accident and the total damages are $100,000, you can only recover 70% of that amount, or $70,000. If you are 50% at fault in the above example, you could recover $50,000. But if you were 51% or more to blame, then under Texas law, you would not have a legal claim for any compensation because you are considered more at fault than the other driver.
How Fault is Determined in Texas Car Accidents
The process of determining fault in a car accident usually revolves around the evidence presented, which can include police reports, eyewitness testimony, video footage, and statements from forensic and accident reconstruction experts. Texas courts will consider factors such as:
- Whether any party violated traffic laws (e.g., speeding, running a red light)
- The statements provided by the drivers and witnesses
- Physical evidence from the accident scene, like skid marks and vehicle damage
- Reports filed by law enforcement officers and accident investigators
The more comprehensive the evidence, the more accurately fault can be assigned, underscoring the importance of a thorough investigation conducted by a skilled attorney.
The Role of a Personal Injury Attorney
When you file a claim against the other driver, their insurance company will investigate the accident and damage and decide how much the claim is worth. Insurance adjusters are adept at minimizing payouts; it’s what they are trained to do, and one way they do that is by transferring some or all of the fault onto the accident victim. An established plaintiff’s injury firm will have the experience and resources to conduct a detailed investigation and gather the evidence necessary for a proper determination of fault. With the facts in hand, your lawyer can negotiate forcefully on your behalf, ensuring that the insurance company acknowledges the full extent of your damages and your limited fault, if any. By accurately assessing the percentage of fault and corresponding damages, an attorney ensures that you receive the maximum possible compensation for your injuries and losses. Should your case go to trial, having a seasoned lawyer who can argue effectively before a judge and jury is crucial. They can articulate the nuances of your case and fight against any attempts by the defense to unfairly increase your share of the fault.
Why McLemore, Reddell, & Story, P.L.L.C. is Your Ideal Advocate
At McLemore, Reddell, & Story, P.L.L.C., our team of dedicated personal injury lawyers has extensive experience handling car accident claims across Texas. We are committed to obtaining the best possible outcomes for our clients, guided by a deep understanding of Texas laws and a client-centered approach. If you or a loved one has been hurt in a car accident in Houston or throughout Texas, call us at 713-303-8543 for a free consultation to talk about what happened and find out how we can help. Our experienced team is here to protect your rights and help you secure the full amount of compensation you need and deserve.
