Comparative negligence is a legal principle that affects how fault is determined in personal injury cases. In Texas, this rule plays a crucial role in deciding whether an injured party can recover compensation and how much they may receive.
Texas follows a modified comparative negligence system, specifically the 51% Bar Rule. This means:
If you are 50% or less at fault for an accident, you can still recover damages, but your compensation will be reduced based on your percentage of fault.
If you are 51% or more at fault, you are barred from recovering any compensation.
For example, if you are found to be 20% at fault in a car accident and your damages total $100,000, your compensation would be reduced by 20%, leaving you with $80,000.
Determining fault in a personal injury case depends on:
Evidence – Police reports, surveillance footage, medical records, and eyewitness statements help establish fault.
Expert Testimony – Accident reconstruction experts and medical professionals may provide insight into the cause of an injury.
Comparative Fault Arguments – Insurance companies and defense attorneys often try to assign a higher percentage of fault to reduce the payout.
Some common scenarios where comparative negligence may apply include:
Car Accidents – If one driver ran a red light but the other was speeding, both may share fault.
Slip and Fall Accidents – If a store failed to clean a spill but the injured person was distracted while walking, fault may be divided.
Pedestrian Accidents – If a pedestrian crosses outside of a crosswalk but a driver is also speeding, liability may be shared.
Understanding comparative negligence is important because it directly impacts the amount of compensation an injured person can receive. Insurance companies often use this rule to reduce claim payouts, so having strong evidence to minimize your assigned fault is critical.
If you’ve been injured in Texas, proving that you were less than 51% at fault is key to recovering damages. An experienced personal injury lawyer can help gather evidence, counter fault claims, and negotiate with insurance companies to ensure you receive fair compensation.
Understanding Texas’ comparative negligence laws can make a significant difference in the outcome of your claim. Knowing your rights and taking the right steps can help protect your ability to recover the compensation you deserve.
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