What is Comparative Negligence in Car Accident Claims?

In Texas, car accidents can often involve multiple contributing factors, with more than one party potentially sharing responsibility for the incident. This is where the concept of comparative negligence, also known in Texas as “proportionate responsibility,” plays a critical role. Understanding how comparative negligence works is essential, as it directly affects the compensation you may receive. At Low Law Firm, we’re here to help you navigate these complexities and ensure your rights are protected.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine that determines how much fault each party bears in an accident. Instead of placing all the blame on one party, the court can assign a percentage of fault to each party involved. The compensation awarded is then adjusted based on the percentage of fault assigned to each party.

Texas and Modified Comparative Negligence

Texas follows a specific form of comparative negligence called “modified comparative negligence,” or proportionate responsibility. Under Texas law, if you are found to be 51% or more at fault for an accident, you cannot recover any damages. However, if you are 50% or less at fault, you can still recover compensation, but it will be reduced by your percentage of fault.

For example, if you were awarded $100,000 in damages but found to be 30% at fault for the accident, your compensation would be reduced by 30%, leaving you with $70,000.

For more details on the statute governing comparative negligence in Texas, you can refer to Texas Civil Practice and Remedies Code, Chapter 33.

How Comparative Negligence Affects Your Claim

Your ability to recover damages and the amount of compensation is directly impacted by your percentage of fault. Insurance companies often try to assign a greater share of the blame to reduce their payouts, making it critical to have an experienced attorney on your side. At Low Law Firm, we work to ensure that fault is assessed fairly, minimizing the percentage assigned to you.

Example Scenarios:

• Scenario 1: You are involved in a car accident where the other driver ran a red light, but you were speeding. The court finds the other driver 70% at fault and you 30% at fault. In this case, your compensation would be reduced by 30% under Texas law.
• Scenario 2: You are 60% at fault for an accident due to distracted driving. Because Texas has a 51% threshold, you would be unable to recover any damages since your fault exceeds the allowable limit for compensation.

Why You Need an Experienced Attorney

Understanding how Texas’ modified comparative negligence laws impact your car accident claim is crucial to obtaining the compensation you deserve. The attorneys at Low Law Firm are skilled in managing these complex cases, ensuring fault is allocated fairly, and maximizing your recovery. Whether you’re dealing with proportionate responsibility or other legal challenges, we are here to protect your rights and guide you through the legal process.