Understanding Comparative Fault in Texas Car Accident Cases
Deciding who’s at fault in a car accident isn’t always easy. One car might hit another, but that might not tell us much about who caused the accident. What if the other driver ran a stoplight? What if they were speeding or driving while distracted?
In cases like these, Texas operates under a “modified” comparative negligence rule. That means a personal injury victim can pursue damages even if they may be partially at fault for the car accident. Here’s how modified comparative fault works in Texas.
How Does Texas Comparative Fault Law Work?
Texas comparative fault law is based on the idea of “proportionate responsibility.” The law says that even if a personal injury victim is partially responsible for the accident but not primarily responsible for the accident, they can still recover compensation.
The judgment in a car accident case will assign a percentage of fault to each driver based on how carelessly they acted. For example, if a driver failed to signal before changing lanes and then was hit by a speeding car, the court might decide that each driver was 50% at fault.
The specific percentage of fault is important to the personal injury case. Damages are generally calculated by subtracting the at-fault percentage from the compensation total.
What Makes Texas Comparative Fault Law “Modified”?
Many states allow victims to recover compensation as long as they are not entirely responsible for the accident. However, Texas comparative fault is considered to be “modified” because there are additional court rules that can apply, in addition to just the basics of comparative fault. Most importantly, Texas applies a 51% rule.
The 51% Rule and Fault in Car Accident Cases
Texas law says that a person cannot recover compensation in a car accident case if they are more than 50% responsible for the accident. Even if they’re only 51% responsible, the law prevents them from receiving any damages in a personal injury case.
Because of the 51% rule and modified comparative negligence in Texas, car accident cases often revolve around the parties accusing each other of being more at fault. Attorneys use evidence such as police reports, witness statements and expert testimony to prove that the other party was more at fault.
Is Fault Complicated in Your Car Accident Case?
If you were injured in a Texas car accident case, it’s important to get legal help—even if you were partially at fault. You still deserve compensation for your injuries, and our law firm can help fight for you. Contact the Fell Law Firm in Dallas at 972-450-1418.
