When using a personal injury claim to pursue compensation for the damages caused by an accident, fault or liability is a big issue. Furthermore, where the accident happened is important, too, because each state has its own set of rules for figuring out fault. Typically, the more liable a claimant is, the more trouble they will have when trying to get compensation from the defendant.
Texas handles fault through a 51% modified comparative negligence law. Under this rule, a claimant can demand compensation from a defendant as long as that claimant is less than 51% at fault for their own injuries and damages. Once a claimant is 51% liable – or greater – the court will block their attempts to file a claim or lawsuit against the other parties.
Also, under Texas’s modified comparative negligence law, the claimant’s recovery will be reduced by a percentage equal to their liability. For example, a truck accident claimant sues a trucking company for $100,000 of damages. It is determined that the claimant is 30% at fault for their own injuries. In this situation, the largest settlement offer to expect would be $70,000 or $100,000 minus 30%. If the case goes to court and the plaintiff succeeds, then the award will be reduced by 30%.
Keeping Your Fault Low is Important
No matter where you live, keeping your fault low after an accident is always important. In states like Texas, it is even more important because too much fault can close out your odds of recovering any compensation at all. To keep your fault low, you can use convincing evidence in and out of court to show that you should not be seen as liable for your accident. Everything from police reports to medical records can be useful. If you need help collecting and using proof of liability for your claim, you should team up with a personal injury attorney.