What happens when multiple parties share responsibility for an accident? What happens if you contribute to an accident in which you’re injured?
Different states have different rules regarding contributory fault. Texas follows a modified comparative fault system, which can result in a partial recovery or a total loss of damages, depending on the degree of shared blame.
An insurance company won’t hesitate to point fingers and blame you after an accident, so it’s important to hire an experienced Austin personal injury lawyer to help you understand and navigate Texas’s modified comparative negligence rules.
What Is Contributory vs. Comparative Negligence?
Sharing responsibility for an accident is referred to as contributory negligence or comparative negligence. States have three different ways of handling shared fault.
- Pure contributory negligence generally prohibits a victim from recovering any compensation from a third party when they share any responsibility for an accident in which they’re injured.
- Pure comparative negligence allows victims to recover compensation when they share some responsibility for an accident, but their recoverable damages are reduced proportionately to fault up to 99 percent.
- Modified comparative negligence allows victims to recover compensation when they share some of the blame, but sets a threshold at 51 percent, beyond which the right to demand compensation from other at-fault parties is lost.
Texas follows the modified comparative negligence system, and under the state’s rule, a plaintiff can recover compensation for an accident as long as their shared responsibility for the accident isn’t greater than that of other parties. An Austin personal injury attorney can explain how this rule applies to your specific situation and help you understand your rights.
How Could Texas’s Modified Comparative Negligence Rule Affect a Personal Injury Settlement?
Texas’s modified comparative negligence rule, found in Civil Practice and Remedies Code Section 33.001, provides that “in an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
It’s simple: you can pursue legal action and recover compensation for injuries caused by another person’s harmful or negligent actions, but only recover damages if you’re not primarily responsible for getting hurt.
When you file your insurance claim or lawsuit, damages are awarded but reduced in direct proportion to fault.
For example, let’s say you’re injured in an Austin car accident and suffer damages valued at $800,000. However, you’re assigned 25 percent of the blame for the crash. As a result, your maximum settlement or jury award would be limited to $600,000 – total damages reduced by 25 percent.
If your assigned blame rose to 51 percent, you’d lose the ability to demand compensation from someone else, even if they contributed to your car accident in some way.
The more responsibility you share for an accident or injury in Texas, the more it’ll impact any financial settlement or jury verdict you may be awarded in a related legal claim. Understanding these implications is crucial, which is why consulting with a personal injury lawyer early in the process can protect your interests.
An Austin Personal Injury Lawyer Can Help You Defend Against Claims of Shared Fault in Texas
It’s important to anticipate attempts to point fingers and cast blame after an accident in Texas. If you do nothing, these tactics can significantly reduce your financial recovery or prevent you from getting compensation at all.
Our team at Dow Law Firm has decades of collective experience handling complex personal injury cases and fighting to protect clients from claims of shared fault. Our personal injury attorneys know which evidence can help dispute claims of contributory fault, how to disprove or discredit witness statements, and the best strategies for forcing insurance companies to take responsibility for our clients’ full damages.
If you share some of the blame, a personal injury lawyer in Austin can work to limit how much liability you’re assigned and help you achieve the best outcome in your legal claim. Call our personal injury attorneys in Austin at (512) 240-9951 or complete our online contact form to discuss your injury case for free today.