After an accident, the first question many people ask is, “Who was at fault?” This is a crucial question, especially when you’re seeking compensation for your injuries. But what happens when both parties share some responsibility? That’s where Texas’s comparative negligence laws come into play.
If you’re injured in an accident in Texas, understanding comparative negligence can help you better grasp how fault affects your claim and the compensation you may receive. Here’s what you need to know.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to determine fault and allocate damages in personal injury cases when more than one party is responsible for an accident. Instead of blaming one person entirely, the law examines the actions of everyone involved and assigns each party a percentage of fault.
For example, if you were injured in a car accident but were speeding at the time, the other driver might not be 100% responsible. Texas’s comparative negligence laws would consider your actions when determining how much compensation you’re entitled to.
Comparative Negligence in Texas
Texas follows a modified comparative negligence rule. Here’s what that means:
The Percentage of Fault Matters
Your share of responsibility for the accident will directly affect the amount of compensation you can recover. If you’re found partially at fault, your total compensation will be reduced by your percentage of fault.
For instance, if you’re awarded $100,000 in damages but are deemed 25% responsible for the accident, your compensation would be reduced by 25%, leaving you with $75,000.
51% Bar Rule
Texas has a specific rule called the “51% bar.” If you are found to be 51% or more at fault, you lose the right to recover compensation entirely. You must be less at fault than the other party to receive damages.
This system is designed to ensure fairness, but it can also make personal injury claims more complicated.
How Comparative Negligence Affects Your Claim
The concept of shared fault can significantly impact the outcome of your case. Here’s how:
1. Insurance Negotiations
Insurance companies often try to pin as much blame on you as possible to reduce the amount they have to pay. They may deny your claim entirely if they can argue that you were 51% or more responsible. Having an experienced personal injury attorney can help you combat these tactics.
2. Compensation Reduction
Even if you win your case, your compensation will be adjusted based on your percentage of fault. This highlights why it’s so important to present a strong case that minimizes your share of blame.
3. Need for Evidence
Proving fault requires evidence. Things like police reports, witness statements, and photos from the scene can help establish the other party’s responsibility and protect your right to recover damages.
Understanding how fault affects your case can feel overwhelming, especially when you’re already dealing with physical and emotional recovery. That’s where having a knowledgeable attorney becomes crucial.
The Role of a Personal Injury Attorney in Comparative Negligence Cases
Filing a personal injury claim in Texas involves navigating complex laws and standing up to insurance companies that don’t always have your best interest in mind. A skilled attorney can make a significant difference in your case. Here’s how they help:
1. Gathering Evidence
Your attorney will investigate the accident, collect key evidence, and build a strong case to prove the other party’s negligence.
2. Calculating Damages
An attorney knows how to calculate the full extent of your damages, including medical bills, lost income, and pain and suffering, so you don’t settle for less than your claim is worth.
3. Challenging Fault Claims
If the other party or their insurance company tries to shift unfair blame onto you, your attorney will be there to challenge these claims and protect your rights.
4. Negotiating Settlements
Personal injury attorneys are skilled negotiators. They’ll work to secure a fair settlement that accurately reflects your level of fault and the damages you’ve suffered.
5. Taking Your Case to Court
If a fair settlement offer isn’t possible, your lawyer can take your case to court and advocate for you before a judge or jury.
With an attorney in your corner, you can focus on recovering from your injuries rather than worrying about the complexities of the legal process.
Tips for Protecting Your Personal Injury Claim
If you’ve been injured in an accident, here are a few practical steps you can take to protect your rights and reduce your share of fault:
1. Seek Medical Attention Immediately
Your health comes first. Getting medical care right away ensures proper treatment and creates a record that supports your claim.
2. Document the Accident
If you’re able, take photos of the accident scene, your injuries, and any property damage. Collect contact information for witnesses and keep a detailed record of everything related to your accident.
3. Be Cautious with Insurance Companies
Avoid giving statements to insurance adjusters without consulting an attorney first. Anything you say could be used to argue that you were partially at fault.
4. Consult a Personal Injury Attorney
The sooner you speak with a lawyer, the better. They can guide you through the process, ensuring you don’t make common mistakes that could harm your claim.
Personal Injury Claims in Amarillo
If you find yourself navigating the complexities of a personal injury claim in Amarillo, TX, consider reaching out to Wood Law Firm LLP. Our experienced attorneys specialize in personal injury cases and are well-versed in Texas's comparative negligence laws. Contact us today at (806) 304-0447 to schedule a consultation and learn how we can help you secure the compensation you deserve.