Many car accidents in Texas are not the fault of only one party. Instead, both drivers can share fault. If you get into a car accident in Texas and wish to collect financial compensation to help you pay for your medical bills and property repairs, you can file a claim even if you are partially responsible. An accident lawyer in San Antonio is here to guide you.
However, you must be less than 51 percent to blame to qualify for compensation under Texas’s comparative negligence law. Texas Civil Practice and Remedies Code § 33.001 states that a personal injury claimant may not recover damages if his percentage of responsibility is greater than 50 percent.
In a contributory negligence state, on the other hand, just 1 percent of fault would block a car accident claim and exclude you from recovering compensation from the other driver. Texas’s modified comparative negligence law is more friendly toward crash victims, and allows for partial recovery based on the facts involved.
Applying the Comparative Negligence Rule to Your Car Accident Case
When a car insurance company in Texas receives an accident claim, an insurance claims adjuster will investigate to determine the cause of the crash and who is responsible. Typically, liability or legal responsibility for the collision will be assigned to the driver or a party that was negligent. Negligence refers to a failure to exercise reasonable care, resulting in harm to others.
If an investigation determines that you contributed to the car accident but you are assigned less than the majority share of fault, you will not be barred from making a financial recovery in Texas. However, your compensatory damages will be reduced by your degree of liability.
If you are assigned 10 percent of fault, for example, a $100,000 settlement would be reduced by $10,000 to $90,000. Your contributory negligence would only disqualify you from filing a car accident claim in Texas if it is 51 percent or higher.
How a Car Accident Attorney Can Help You With a Comparative Negligence Case
Texas might not be a strict contributory negligence state, but being assigned a proportion of fault for an automobile accident can still significantly impact your financial recovery. You could receive considerably less compensation depending on how much you are blamed for the crash. For this reason, it is important to work with an experienced injury lawyer in San Antonio if you contributed to the crash.
If the other driver’s insurance company is attempting to blame you for the car accident, your attorney can take steps to protect you and minimize your degree of fault as much as possible. You can rely on a lawyer to negotiate for maximum compensation on your behalf, successfully prove fault and take on insurance adjusters for you.
An attorney can help you prove that someone else is at fault, such as the other driver, an employer or company, the government, or a product manufacturer. Your lawyer will investigate the accident and preserve evidence that can work in your favor, such as witness statements and testimony from crash reconstruction experts.
For more information about a specific car accident case in Texas, contact Hill Law Firm Accident & Injury Attorneys to request a free consultation with a lawyer near you.