Very few things in life are black and white, and that includes the law.
Texas is an at-fault state for motor vehicle accident claims. This means that, when someone is injured in a car or truck accident, the insurance company of the person who caused the accident is responsible for paying their medical bills, lost wages, and other losses. But what if the injured party also contributed to the accident?
In Texas, an injured party can share blame for an accident and still recover compensation—as long as their share of the fault does not exceed 50%. This is a legal concept known as comparative negligence, or proportionate responsibility. Comparative negligence applies to more than just car accidents. Any type of personal injury claim can involve questions about the percentage of fault attributable to each party.
Insurance companies sometimes use comparative negligence as a way to reduce payments to an injury victim, or even deny compensation altogether. If you’ve been blamed for an accident that wasn’t your fault, get in touch with Jim Adler & Associates for a free case review.