How Partial Fault Affects Your Auto Accident Claim
Car accidents can be chaotic and stressful, leaving you with not only physical injuries but also questions about your rights and options. Determining fault in an accident is rarely straightforward, especially in Texas, where the concept of comparative negligence plays a critical role in the outcome of personal injury and property damage claims.
If you’ve been involved in a car accident and believe you might share some responsibility for what happened, you’re probably wondering: Can I still recover damages? The answer is understanding how Texas law addresses fault and compensation in shared responsibility cases.
How Does Fault Work in Texas Car Accidents?
Texas follows a modified comparative negligence system, which allows injured parties to recover damages even if they are partially to blame for the accident—provided they are not more than 50% at fault. This is often referred to as the “51% Bar Rule.” If your percentage of fault is 50% or less, you may recover compensation, but your damages will be reduced by your degree of fault.
For example, if you are found to be 25% at fault for an accident and the total damages are $100,000, your compensation would be reduced by 25%, leaving you eligible to recover $75,000.
Determining Fault After an Accident
Liability in car accidents is determined by evaluating evidence and applying traffic laws to the facts of the case. Important pieces of evidence that help determine fault include:
- Police Reports: Official records can highlight key details, such as traffic violations or witness statements.
- Witness Accounts: Independent observations can clarify how the accident occurred.
- Photos and Videos: Images of the accident scene, vehicle damage, and road conditions can be powerful evidence.
- Accident Reconstruction Reports: Experts may analyze the crash to determine how it happened and assign fault.
- Traffic Laws: Violations, such as speeding or failing to yield, play a significant role in determining fault.
By gathering and presenting this evidence, you and your car accident lawyer can build a strong case that minimizes your percentage of fault.
Can I Recover Damages If I’m Partially at Fault?
Texas law allows you to recover damages if you are not more than 50% responsible for the accident. This system ensures that even if you share some responsibility, you are not completely barred from seeking compensation for your losses, which may include:
- Medical Bills: Coverage for past and future medical expenses related to the accident.
- Property Damage: Costs to repair or replace your vehicle.
- Lost Wages: Compensation for time missed at work due to your injuries.
- Pain and Suffering: Non-economic damages for emotional distress and reduced quality of life.
However, the total amount you recover will depend on your percentage of fault. Working with a skilled personal injury attorney can help ensure your fault is accurately assessed, and your compensation is maximized.
Common Scenarios Involving Partial Fault
Here are some examples of situations where you might share responsibility for a car accident:
- Speeding: If you were driving over the speed limit when another driver ran a red light and hit you, both parties may share fault.
- Distracted Driving: If you were looking at your phone and rear-ended a vehicle that stopped suddenly, you could be assigned partial fault.
- Improper Lane Changes: The fault may be divided if you changed lanes without signaling and collided with a speeding driver.
In these cases, it’s crucial to have an attorney who can advocate for your rights and minimize your degree of fault.
What to Avoid After an Accident
Your actions immediately after an accident can significantly impact your claim. To protect your rights:
- Avoid Admitting Fault: Even casual statements like “I’m sorry” can be used against you by insurance companies.
- Be Careful With Insurance Adjusters: Adjusters often ask misleading questions to elicit statements that reduce compensation.
- Don’t Delay Seeking Legal Advice: The sooner you consult a Texas car accident lawyer, the better your chances of securing a favorable outcome.
Why You Need an Attorney for Shared-Fault Accidents
If you’re partially at fault for an accident, navigating the claims process can be complex. Insurance companies will likely try to assign as much blame to you as possible to reduce their payout. A knowledgeable car accident attorney can:
- Gather Evidence: Attorneys can collect critical documentation, such as police reports and medical records, to strengthen your case.
- Negotiate With Insurance Companies: Skilled lawyers can counter lowball offers and protect your rights.
- Prove Negligence: Your attorney will work to show the other party’s responsibility and minimize your percentage of fault.
Focus on Compensation, Not Doubt
Many people hesitate to pursue a claim if they believe they share some responsibility for the accident. However, Texas law is designed to ensure fair compensation, even in shared-fault cases. Don’t let uncertainty prevent you from seeking the damages you deserve. A qualified car accident lawyer can guide you through the process and advocate for your best interests.
Call Francis Injury for a Free Consultation
Don't hesitate to seek legal advice if you’ve been involved in a car accident and believe you may be partially at fault. At The Francis Injury Car & Truck Accident Lawyers law firm, our experienced personal injury attorneys will evaluate your car accident case, determine who is at fault for the accident, and fight to secure maximum compensation for your injuries and losses.
Contact us today for a free consultation to discuss your legal options and take the first step toward recovery. You don’t have to face this alone—let us help you get the compensation you deserve. Call 817-329-9001 or speak with a trial attorney online.