What Happens When You Are Partially at Fault for Causing an Accident?
While many accidents are the fault of a single person, it’s not uncommon for both parties to have some responsibility for the mishap. Texas law sets forth specific rules when both parties have some liability, applying the legal principle of comparative negligence. Here are answers to some frequently asked questions about comparative negligence in Texas.
Centers for Disease Control Reports Prevalence of Personal Injury Claims
The CDC reports that, on average, more than 57 million people seek medical treatment every year for some unintentional injury. While some of those are self-inflicted, the vast majority involve at least two parties. In many instances, both parties have some responsibility for causing the accident.
Frequently Asked Questions about Comparative Negligence in Texas
Q: What is comparative negligence?
A: Comparative negligence is a legal principle that is applied to determine financial liability when a person who seeks compensation for losses in an accident was partially responsible for causing the accident or loss. In situations where comparative negligence principles apply, the court initially determines the full amount of the injured party’s losses, then determines the extent to which the injured party was at fault (stated as a percentage of liability). The total damage award is then reduced by the percentage of liability.
Q: How is comparative negligence applied in Texas?
A: Texas uses the standard of modified comparative negligence, which means that the injured party can only recover compensation if his or her liability is below a specific threshold. In Texas, that’s 51% of liability. An injured person may still recover compensation if he or she is 50% liable (or less).
Let Us Help You after Any Type of Accident in Texas
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide, including people who have suffered needless injury in a collision involving a delivery vehicle. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
Handling Motor Vehicle Accident Cases Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma