What Comparative Negligence Means for Your Personal Injury Settlement
If you or your loved one has been involved in a Texas car accident, you may be seeking a substantial personal injury settlement.
When one party is clearly at fault, a Texas personal injury case can be reasonably straightforward.
But what happens when multiple parties contribute to the damage? Can both parties be at fault in an accident? The simple answer is – yes. The concept of shared fault is known as comparative negligence, which happens when more than one party involved in an accident is found to be at fault.
So, what is comparative negligence and how can it affect your personal injury settlement?
What is Comparative Negligence?
The law isn’t always black and white when it comes to accidents, especially when determining fault.
When more than one party shares responsibility for an accident, it is known as comparative negligence, also known as proportionate responsibility. Under Texas law, each at-fault party is assigned a certain percentage of the fault, which proportionately reflects the compensation they receive or pay. This percentage is determined by the driver’s actions leading up to the crash.
Even if you are determined to be partially at fault, you may still be able to recover damages from the other party.
To ensure the best outcome, we suggest you work with a skilled car accident attorney who is familiar with comparative negligence.
How Texas Laws Handle Comparative Negligence in a Personal Injury Settlement
The Lonestar State follows a modified comparative negligence system called the 51% bar rule.
So, what exactly does that mean?
The 51% bar rule means that you can still recover some damages even if you are found to be partially at fault in a car or truck accident, so long as your share of the responsibility is not more than 50%. Your possible settlement will be reduced based on your percentage of fault, but you still maintain your right to recover damages.
However, if your portion of the responsibility is determined to be 51% or more, you cannot recover any compensation.
Crunching the Numbers for Your Comparative Negligence Settlement
When it comes to a complex concept like comparative negligence, it can be helpful to see some real-world examples of how the numbers could affect you.
First, let’s take a look at some common shared fault accident scenarios:
- One driver runs the red light, but the other driver is speeding
- One driver fails to yield at the intersection, but the other driver is distracted by their phone
- One driver suddenly breaks, which leads to the car behind them rear-ending them, but the driver who crashed was tailgating.
Let’s get into how the percentage of fault might be calculated in one of these cases. For example, a truck accident with multiple at-fault parties occurs on a busy Texas roadway. The driver of the truck was speeding due to pressure from their employer, who expected them to make a tight deadline. In this scenario, both the driver AND the trucking company could be liable for the damages. If the court determines that the driver’s portion of the responsibility is 60% and the trucking company is 40% at fault, they will split the damage payments accordingly. For a $100,000 payment, the driver would be responsible for covering $60,000, while the company has to pay $40,000.
The Importance of Hiring a Highly Skilled Car Accident Lawyer
Due to the highly complex nature of comparative negligence cases, insurance companies can easily try to shift more of the blame onto the injured party to reduce their payout or avoid payment altogether.
This is why it is crucial to hire an experienced personal injury lawyer. Your dedicated legal representative will fight to ensure you get the best personal injury settlement possible. They will investigate your case and gather pertinent evidence to establish accurate fault percentages.
When you file a personal injury claim in Texas, an insurance adjuster will be assigned to handle your case. They will be thorough in gathering evidence from witness statements, police reports, and photos of the scene to try to accurately determine who is at fault. They have the insurance company’s best interests in mind, so hiring your own champion in the form of a skilled personal injury lawyer is essential.
A Car or Truck Accident Attorney Will Protect Your Rights
An experienced car or truck accident attorney understands how to handle the intricate details of a complex comparative negligence case. They will work diligently to identify all potentially liable parties and build a strong case on your behalf to ensure you get a fair settlement. Insurance adjusters are trained to minimize their payments, and a professional personal injury lawyer will know precisely how to counter their attempts to unfairly assign blame to injury victims.
Building Your Case with the Help of a Texas Personal Injury Attorney
A skilled Texas personal injury attorney will take a comprehensive approach to resolving your case. They will work tirelessly to gather evidence to support your case, ensuring fault is appropriately assigned to build a compelling argument for your right to compensation.
Speed Up the Process with a Personal Injury Lawyer
It is vital to act quickly when you’re involved in an accident, but it is especially crucial if multiple parties are at fault. Evidence can easily disappear, and witnesses’ memories will fade if you don’t work fast. It is essential to ensure you hit the necessary legal deadlines to avoid missing your chance at a personal injury settlement.
The sooner you find your chosen personal injury lawyer, the better they are at protecting your rights and building a strong case so you get the best compensation possible.
Partner with the Compassionate Car Accident Lawyers at Angel Reyes & Associates
At Angel Reyes & Associates, we deeply understand the stress an accident can cause you and your loved ones. You should be able to focus on recovering, and the last thing you need is to deal with the intricacies of Texas comparative negligence law and how it affects your right to compensation.
Allow us to take the burden off your shoulders. With over 30 years of experience handling auto accident cases in the Lonestar State and a 98% success rate, you are in great hands with our skilled and compassionate team.
Anytime you have to deal with a personal injury case in Texas, the challenges that arise can feel overwhelming. Remember, you are not alone. Studies show that if you hire a skilled personal injury attorney to help win your case, you are likely to receive 3.5x more than you would if you tried to represent yourself. The compassionate team at Angel Reyes & Associates is fully committed to helping you navigate these struggles with the skill and empathy you deserve to have on your side.
Contact us today for a free consultation, or stop by one of our offices in Dallas, Fort-Worth, Houston or Austin so we can discuss your case face-to-face. You’re in good hands with Angel Reyes & Associates. Don’t wait, don’t hesitate.
We’re available 24/7 to hold your hand every step of the way. Stay safe, Texas.
