737-356-7827
What is Comparative Fault?
Comparative fault, also known as comparative negligence or proportionate responsibility, is a legal principle used to determine liability and divide blame when multiple parties share some level of responsibility for an auto accident. The comparative fault legal approach acknowledges that, sometimes, fault is not black and white but exists in some gray areas, thus allowing for proportional allocation of responsibility based on the actions or negligence of all parties involved.
Some other states follow a legal doctrine known as contributory negligence. In contributory negligence states, any party deemed even 1% at fault could be barred from financial recovery in a car accident case. Many advocates for personal injury victims believe that contributory negligence laws are unfair and unjust.
What Are Different Types of Comparative Fault Systems and Which Does Texas Follow?
Some states follow pure comparative negligence systems, and others follow modified comparative negligence doctrines.
In a pure comparative fault state, an individual can recover compensation even if the law believes they were mostly at fault for the auto accident. In such states, a person who was even 90% responsible for the car crash could still recover financial compensation.
Modified comparative fault states like Texas have a 51% bar rule. This rule makes negligence disputes more significant, as shifting blame could determine whether an individual recovers compensation. In a modified comparative fault state like ours, an individual can only recover compensation for car accident injuries if they were less than 51% at fault. If a car accident victim holds 51% or more of the blame, they will be barred from financial recovery in Texas.
How Do Texas’s Comparative Fault Laws Affect Recoverable Financial Compensation?
Evidence is used to prove fault after a Texas car accident, including police reports, traffic camera footage, eyewitness statements, and other investigatory methods. In an at-fault state such as ours, the driver responsible for causing the collision (or their insurer) is financially accountable for damages suffered by other parties in the accident. However, if multiple parties share some blame, modified comparative fault rules come into play.
In Texas, if a driver is deemed partially responsible for causing an accident due to a moment’s negligence or human error, they may see their total compensation proportionately affected. For example, if a motorist is deemed 20% at fault in a car accident case, their maximum compensation will be reduced by 20%.
Because the comparative negligence law can impact how much you stand to recover in a car accident lawsuit, minimizing your degree of fault is even more critical. The surest way to achieve this is by working with experienced car accident attorneys who can work to strengthen your claim and shift the blame off your shoulders.
Do Insurance Companies Have a Part to Play in Determining Fault?
Insurance companies will use the modified comparative fault laws to their advantage. An insurance company may attempt to come across as though they are in your corner, but they are trying to pay as little as possible in any prospective car accident case. Car insurance adjusters will arrive at an accident scene looking for opportunities to minimize the payout that their employers will be responsible for. It’s not uncommon for a car insurance company to attempt to get you to admit partial fault during recorded phone calls, misrepresent the laws, pressure you into quick settlement offers, or use vague statements against you.
After a motor vehicle accident, one of the first steps you must take is to file an insurance claim with your insurer or the insurers of the at-fault motorists. In many cases, insurance companies will offer lowball settlements to make the case go away. Before accepting any settlement, fully understanding the extent of your injuries and financial losses is vital. We recommend speaking with an attorney before accepting any settlement offers so that you can carefully review the terms of the offer against your past medical bills and any future lost expenses due to medical costs or missed work.
Several factors can influence the full settlement for your car accident case, including proportionate responsibility, severity of injuries, insurance policy limits, and the number of liable parties. To ensure that your rights are protected and that you are recovering the maximum compensation available, please contact our law firm to discuss your legal issues in a free case evaluation today.
What Should You Do if You Are Partially to Blame for an Auto Accident in Texas?
Even if you are partially at fault for causing a motor vehicle crash, that does not mean you are without hope of recovering financial compensation. However, it does mean that you must be strategic about proceeding.
Immediately following the car crash, you must seek medical attention from professionals. All injuries must be documented in thorough medical records from before and after the accident to avoid legal disputes.
Report the accident to the police as soon as possible. An accurate police report can be essential for assigning fault in a motor vehicle accident case.
While you should attempt to remain polite in any communications with other motorists, pedestrians, witnesses, or insurance adjusters at the crash scene, you must avoid apologizing, speculating, or diminishing the severity of your injuries. Anything you say at the accident scene could be used against you and your case.
While at the crash scene, document as much as possible with photos and videos. You should also attempt to get information from witnesses, including their testimonies and contact information.
If an insurance adjuster insists on speaking with you, direct them to talk to your lawyer. Now would be the time to contact our law firm to schedule your free initial consultation with our legal team.
Can You Challenge an Unfair Fault Assessment in a Car Accident Case?
Contesting or challenging unfair assessments of negligence in car accident cases is possible. Disputing unfair assessments of fault could significantly impact how much you could potentially recover in terms of financial compensation.
Examples of ways to challenge unfair assessments of fault include the following:
· Review accident reports, looking for errors or missing details that could influence liability
· Search for additional supporting evidence, such as dashcam recordings, new witness statements, or surveillance footage that could strengthen your claims
· Seek the opinions and testimonies of professionals like car accident reconstruction specialists
Schedule Your Free Initial Consultation with Experienced TX Car Accident Lawyers Today
If you have been in a car wreck, you need professional legal counsel to help you establish fault, liability, and fair demands for financial recovery. Our Texas law firm has extensive experience assisting clients in motor vehicle accident cases. We would be proud to represent your rights in pursuit of a favorable settlement for your injuries and other losses.
To discuss your case with our car accident attorneys, please contact our law office to schedule your free consultation today. You can reach us at 737-356-7827.
