Representing Injured People

What happens in accidents where both drivers share fault?

On Behalf of | Jul 18, 2022 | Car Accidents

If you have partly contributed to an accident, you may still be entitled to damages. It all depends on your degree of fault and what the laws in your jurisdiction say.

If your accident occurred in Texas, here is what you know about the state contributory fault laws and what they mean to your claim.

Texas negligence laws

Unlike in some states where you cannot claim anything in damages if you had a part to play in the crash, it’s a different ball game in Texas. The state uses a modified comparative fault rule, which assigns responsibility proportionally. Here is how it works.

If the other driver was entirely responsible for the accident, they should compensate you fully for the damages suffered. However, if you were 30% liable, you can only recover 70% of the total damages awarded.

Notably, you will receive nothing if you are more than 50% responsible for the crash under Texas’ modified comparative negligence rules.

How is fault established after an accident?

It’s not so easy to establish fault in a crash since every driver may try to cover themselves by giving different versions of events. It may be complicated, especially when there is no hard evidence to make a viable conclusion.

When making a determination, the jury considers the evidence of the crash, such as police reports, video surveillance footage, witness statements or even accident reconstruction experts.

Getting the compensation you deserve

Proving fault is one of the most crucial aspects of your claim. It may determine how much you will end up with as compensation, and you cannot leave anything to chance.

Knowing the ins and outs of a car accident claim is necessary when pursuing damages. It will help you protect your legal rights and help you get what you deserve for the losses you suffered.