Injured victims have the right to recover financial compensation for injuries caused by the negligence or wrongdoings of others. But what happens if a victim was in some way partially responsible for a crash? Thankfully, Texas law does allow for victims to still recover compensation if they are partially at fault for an accident, under certain circumstances.
Having handled many cases involving this situation, our car accident attorneys at the Law Offices of Vic Feazell, P.C. can help victims and families better understand their rights and how to recover the compensation they rightfully deserve.
Understanding Comparative Negligence
Texas uses a system called modified comparative negligence to calculate the percentage of responsibility and financial liability of each party involved in an accident. This formula of proportionate responsibility compares the fault of each driver or party involved. Compensation will then be reduced by the percentage of a victim’s negligence – provided that they are less than 51% at fault. This means that if a victim is found to be 51% or more at fault for causing a wreck, they are barred from recovering compensation.
Here is an example of how Texas’ modified comparative negligence formula would work in a car accident:
- Driver A and Driver B are involved in a car wreck.
- Driver A is injured and files a personal injury lawsuit against Driver B.
- Driver A is awarded $100,000 and was found to be 20% responsible for the accident. Driver B is 80% responsible.
- Driver A can only recover $80,000 because modified comparative negligence prevents victims from recovering from the more at-fault party for their own actions.
If you or someone you love has been involved in a car accident, be aware that your percentage of fault can impact your ability to recover the compensation you deserve. By working with proven attorneys, you can level the playing field with insurance companies that want to pay as little as possible, and position yourself for the best chance of recovering what you need.
Learn more about your rights and how a Waco personal injury lawyer from our firm can help. Contact us today for a FREE consultation.