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What If I Am Partially At Fault for My Texas Car Accident?

Posted on in Personal Injury

Comal County personal injury attorney car accident

There is nearly an infinite number of issues that may cause a car accident. Driving under the influence, reckless driving, inattention to the road, and traffic law violations are some of the most common causes of auto accidents. However, in many cases, more than one factor leads to a car accident. For example, one motorist involved in an accident may have been driving over the speed limit while the other driver is texting and driving. You may wonder, “In car accidents involving shared blame, how is the at-fault driver determined? Can I still recover damages even if I am partially at fault for an accident?”   

Texas Comparative Negligence Law

The state of Texas uses what is known as a “modified comparative negligence” model for shared-fault personal injury cases. In Texas law, this is referred to a “proportionate responsibility.” This means that Texas courts allow injured individuals to seek compensation for their injuries even if they were partially to blame for the injuries. In fact, as long as an injured party was not more than 50 percent at fault for the incident that caused the injuries, he or she can still bring a court action for damages. 

In personal injury claims involving shared fault, the damages awarded to the injured person are reduced according to his or her percentage of fault. Determining each party’s degree of fault is a complicated process. Witness testimony, expert witnesses, physical evidence, and other forms of evidence may be used to determine fault.

For example, if you are found to be 10 percent at fault for a car accident and the other driver is found to be 90 percent responsible, the damages you will receive will be reduced by 10 percent. If the court determines that your medical bills, lost income, and other damages resulting from the accident add up to $100,000, you will receive $90,000. The threshold under Texas law, however, is 50 percent. An injured person may bring a personal injury claim if he or she is 50 percent or less responsible for his or her injuries. If the person is found to be more than 50 percent at fault, he or she cannot collect any damages.

Contact a San Marcos Car Accident Lawyer

Car accident cases involving shared liability can be very complex. If you were hurt in an accident and you think that you may be assigned part of the blame, you need an attorney who can pursue the maximum compensation possible. Contact an experienced Hays County traffic accident attorney to get the guidance you need. Call 830-201-3515 to schedule a free consultation with a New Braunfels Personal Injury Attorney today. Our phones are answered 24 hours a day, so we are always available to take your call.




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