If you were injured in an accident in which you partially contributed, Texas’s comparative fault law may apply to the situation. Since this law can affect how much compensation you can recover, you must understand the law and its implications.
What Is Comparative Fault?
Comparative fault, or proportionate responsibility as it is called in Texas, is a legal principle that applies when multiple parties contribute to an accident, including when an accident victim contributes to their injuries. This legal doctrine allocates fault among all parties who contributed to an accident. Under this legal theory, a plaintiff’s recovery might be reduced in proportion to their degree of fault. It reasons that a victim shouldn’t recover financial compensation for injuries they caused.
What Is Texas’s Comparative Fault Rule?
Texas uses a modified comparative fault rule. Under this rule, you can seek compensation as long as you are not more than 50% at fault for an accident. However, your compensation is reduced by your degree of fault. Suppose you are found 25% responsible for an accident and sustained damages of $100,000. Under the modified comparative fault rule, your compensation would be reduced by 30% or $30,000. However, if you were found 51% at fault for the accident, you would not recover any compensation for your damages. The defendant would get off scot free, not having to pay for any damages they largely caused.
Insurance companies know this rule and try to exploit it to minimize a claimant’s financial recovery. The insurance company may try to shift as much blame on you as possible so the amount they have to pay to resolve the claim is reduced, or they can try to have a reason to deny your claim. However, a skilled personal injury attorney will be aware of these tactics and can push back against these greedy efforts.
How Is Fault Determined in an Accident?
Determining fault in an accident can be difficult and may involve insurance companies, law enforcement, and personal injury lawyers. These parties may use various methods to try to get to the bottom of the accident, such as:
- Preparing or reviewing police reports that may indicate criminal behavior or traffic violations
- Interviewing witnesses who observed the accident, emergency personnel, law enforcement, or the parties
- Retrieving surveillance footage, dash cam recordings, or traffic camera recordings that may have recorded the accident
- Consulting with accident reconstruction experts who use scientific data to piece together details about the accident
- Conducting discovery to obtain information from the other side about factors that may have contributed to the accident
Contact George Salinas Injury Lawyers Today to Learn More About Your Legal Rights
Comparative fault can complicate your San Antonio personal injury case, underscoring the need to work with an experienced attorney. George Salinas Injury Lawyers can help you navigate the claims process, prevent you from saying anything to the insurance company that could minimize the value of your claim, and protect your rights to the full compensation you are due. Contact us today for a free case review.