Comparative Fault in Texas: Impact on Car Accident Claims

Though it is seldom simple to determine a car accident fault, the process can become trickier if the accident occurs in Texas and both drivers are at fault. This is because Texas relies on its comparative fault system to allocate the liability percentage to each driver involved. Let’s dig deeper to understand comparative fault in Texas, how it can impact your car accident claim, and why it’s crucial to work with a seasoned Houston car accident lawyer.

Comparative Fault Overview 

Under this rule, a specific percentage is assigned to all drivers at fault involved in the car accident. This percentage is based on the degree of negligence. So, the more faults assigned, the less compensation the driver can receive. 

Simply stated, a plaintiff can still recover damages even if they are at fault partially for the crash. However, their recovery is lowered by the fault percentage. For instance, if a plaintiff is found 20% at fault and the damages are $10,000, they can recover $8,000.

Moreover, Texas follows a modified comparative fault rule, specifically known as the 51% Bar Rule.  This rule is crucial in Texas comparative fault cases. It states that a plaintiff can’t recover damages if they are 51 percent or even more at fault. If the plaintiff is 50% or less at fault, they can recover damages proportionate to the defendant’s percentage of fault.

It may seem simple, but what makes this challenging is that each party involved tries to move or shift the blame to the other driver. The plaintiff strives to lower the fault percentage to get maximum compensation, while the defendant counters and tries to lower the percentage of the fault to limit their liability. 

Impact on Car Accident Claims

The application of comparative fault in Texas significantly impacts car accident claims in several ways, such as:

  • Comparative fault permits a nuanced approach, assigning varied percentages to multiple parties based on their actions leading to the incident.
  • It significantly impacts the compensation a plaintiff can recover. When both parties share fault, damages are diminished by the plaintiff’s percentage of fault, ensuring equitable distribution of responsibility among all involved parties.
  • Familiarity with Texas’ comparative fault laws can sway settlement talks. Insurance firms and legal representatives weigh each party’s fault percentage in negotiations, necessitating plaintiffs to substantiate their claimed fault share with compelling evidence to optimize potential compensation.

How A Reliable Houston Car Accident Lawyer Can Help

A Houston car accident lawyer familiar with Texas’ comparative fault rule can be crucial in ensuring fair compensation for plaintiffs. These lawyers leverage their legal knowledge to investigate accidents thoroughly, gather compelling evidence, and analyze fault percentages. 

By building a strong case, they aim to minimize the plaintiff’s assigned fault percentage and maximize their compensation. 

Additionally, lawyers proficient in negotiating with insurance companies can effectively advocate for the plaintiff’s rights, ensuring that all relevant factors are considered in settlement discussions. Their knowledge of Texas law enables them to anticipate defense strategies and present a persuasive argument for fair compensation based on comparative fault principles. This advocacy helps plaintiffs secure the compensation they deserve. 

So, if you are injured in a car accident in Texas, contact our experienced Houston car accident lawyer today. Discuss your case with us, and we’ll provide you with the best legal help. Schedule a consultation with Cox Pradia today.

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