Yes, you can still receive financial compensation even if you are partially at fault for a car accident in Texas due to the state’s comparative negligence law. However, your financial recovery will be reduced by your percentage of fault. Having a car accident attorney in San Antonio representing you can help you achieve the greatest possible settlement despite partial fault.
Comparative Negligence in Texas
In Texas, some fault for a car accident does not mean an individual is barred from receiving any financial compensation. Texas has a comparative negligence law that allows for financial recovery as long as the victim is 50 percent or less at fault for the motor vehicle collision. With 51 percent or more, or the majority share of fault, an individual no longer qualifies for financial compensation from the other party.
Texas Civil Practice and Remedies Code § 33.001 states:
- Sec. 33.001. PROPORTIONATE RESPONSIBILITY. In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.
If a victim is assigned a percentage of fault but still eligible for compensation under the comparative negligence rule, the amount of compensation awarded will be reduced by his or her degree of liability. If a settlement is originally valued at $200,000, for example, but you are found to be 15 percent at fault, your settlement would be reduced by a matching 15 percent ($30,000) to $170,000.
Comparative vs. Contributory Negligence
A contributory negligence law bars an individual from recovering any financial compensation for an automobile accident if he or she is found to be even 1 percent at fault. Most states, including Texas, have abolished contributory negligence laws in favor of more plaintiff-friendly comparative negligence rules.
Texas is not a contributory negligence state. This is why it’s important to speak to an attorney and learn how to file a claim against the other party involved in your automobile accident, even if you believe you contributed to the crash. You may still be entitled to recover compensation in an amount equivalent to the other driver’s degree of liability.
What to Do if You Are Partially at Fault for a Car Accident in Texas
It is critical to take the correct steps after a car accident if you believe you may have caused or contributed to the wreck. Don’t admit fault or apologize to the other driver. Take the following steps to protect yourself on a legal level and minimize your proportion of responsibility for the accident as much as possible:
- Be polite to the other driver, but do not state that you are at fault for the accident.
- Check yourself and others for any injuries, and get prompt medical care.
- Call 911 to notify the police. Do not admit fault to a law enforcement officer.
- Gather evidence such as photographs and eyewitness statements before you leave the scene.
- Call your own car insurance company to report the accident.
- Consult with an attorney before negotiating settlements with insurance companies.
- Don’t post about your accident on social media while your case is underway.
A car insurance company will try to place 100 percent of the fault on you instead of its policyholder. It is up to you or your car accident attorney to combat this so that you recover at least partial financial compensation for the other party’s fault. Working with the right personal injury attorney in San Antonio from the beginning of your case can maximize your financial recovery as much as possible.
If you were recently involved in an accident where you are partially at fault, contact Hill Accident & Injury Attorneys for a free initial case review.