How Comparative Fault Affects Personal Injury Claims in Texas
In Texas, the legal principle of “comparative fault” plays a significant role in personal injury cases. Also known as “proportionate responsibility,” comparative fault determines how much compensation you can receive if you are partially responsible for the accident. Here’s an in-depth look at how comparative fault works in Texas and what it means for personal injury victims.
1. What Is Comparative Fault?
Comparative fault allows multiple parties in an accident to share responsibility for the incident. In Texas, this is governed by a “modified comparative fault” rule:
● If you are less than 50% at fault, you may still recover compensation, but the amount
will be reduced by your degree of fault.
● If you are 51% or more at fault, you cannot recover any compensation under Texas
law.
2. How Fault Is Determined
To establish fault, courts consider evidence such as police reports, witness statements, and accident reconstructions. The percentage of fault assigned can vary and may involve arguments from both sides to reduce their liability. Common scenarios include:
● Car Accidents: One driver may be primarily at fault, but the other might have
contributed by speeding or failing to signal.
● Slip and Fall Cases: Property owners might be liable, but if the injured person ignored warning signs, their share of fault could increase.
3. Impact on Compensation
Once fault is determined, it directly affects the amount you can receive. For instance:
● If you are found 20% at fault in an accident with $100,000 in damages, your
compensation would be reduced by 20%, allowing you to recover $80,000. This
reduction emphasizes the importance of working with an attorney to minimize your fault percentage and maximize compensation.
4. Examples of Comparative Fault in Texas
● Auto Accidents: If two drivers are involved, and Driver A is found 30% at fault for speeding, they would receive only 70% of their calculated damages.
● Pedestrian Accidents: A pedestrian jaywalking might be partially at fault if hit by a vehicle, reducing their potential recovery. Each case is unique, and understanding comparative fault can help you navigate settlement negotiations or trial proceedings effectively.
5. How SVR Law Firm Can Help
At SVR Law Firm, we have extensive experience navigating comparative fault cases. We work
diligently to present evidence that minimizes your share of liability, maximizing the
compensation you’re entitled to. Understanding Texas’s comparative fault laws and building a
strong case can make a significant difference in your claim outcome.
Key Takeaway
Comparative fault laws in Texas can impact how much compensation you receive, depending on your share of responsibility in the accident. By working with experienced legal counsel, you can better protect your rights and pursue the maximum compensation available under the law.
