Bill Adler: Hi folks, and welcome back to Hammer TV. I’m Bill Adler, and we’re continuing on with our frequently-asked-questions series today, where we tackle some of the most common questions that we get from clients and the general public. Today’s question is an interesting one, because it deals with the often-gray area of “fault.” So, let’s dive right in and answer this question: “Should someone hire a lawyer for their car or truck accident even if they were at fault?”
Narrator: If you were in a car or truck accident and have been told that you were at fault for the accident, you should still consult with an experienced personal injury attorney for several reasons. Firstly, the information contained in a police report, if one was taken, is not the end all, be all source in the determination of who was at fault. On the scene and in the aftermath of an accident, police officers are doing the best that they can with the information that they have. But the reality is that sometimes they don’t have all the facts-there may be additional information, circumstances, or evidence that need to be taken into account. A good lawyer will be able to gather important information to review and offer a well-informed expert legal opinion on your case. It’s also worth noting that, even if you share fault for a wreck, that does not necessarily mean the end of your case under Texas law. In fact, in the state of Texas, you can be partially at fault for an accident and still recover some compensation, under what is called a comparative fault system. In this system, a jury is tasked with assigning a percentage of fault to each party involved in the accident. Essentially, the way it works is that the more fault assigned to an injured person, the less money they can recover. Therefore, an injured person can be found up to 50% at fault forthe crash and still recover something. If you’re 25% at fault, you can recover up to 75% of your damages, and if you’re 50% at fault, you can recover 50% of your damages. But at 51% and above, you can no longer recover anything. But there is room to negotiate, and that’s why, even if you were found at fault on the scene, it’s so important to consult with an experienced lawyer on your case before giving up.
Narrator: If you have questions about this information or would like to discuss your case, you can get in touch with Jim Adler and Associates via the contact form at jimadler.com or by giving us a call at 1-800-567-7575