When you are injured due to someone else’s negligence, you might assume you’re entitled to full compensation. In most cases, this assumption is true. However, Texas law follows a modified comparative negligence system that distributes responsibility among all involved parties. If you contributed to the accident, this law could reduce your compensation even if you were not primarily at fault. Contact a personal injury lawyer in McAllen for legal guidance.
What Is Texas’s Modified Comparative Negligence Law?
In Texas, the modified comparative negligence system is explained in Section 33.001 of the Civil Practice and Remedies Code. According to this statute, you can recover damages only if you’re found to be 50% or less responsible for the accident. If you’re determined to be 51% or more at fault, you cannot receive any compensation.
When you are less than 51% responsible, your compensation will be reduced by your percentage of fault. For instance, if a jury awards you $100,000 in damages but finds you 20% at fault, your recovery would be reduced to $80,000.
Examples of Comparative Negligence in Personal Injury Cases
Comparative negligence does not apply to every personal injury case, but it is a common strategy that defendants use to reduce their liability. If the court agrees that you share some responsibility for the incident, your final award may be reduced.
For example, say that you are driving slightly over the speed limit when another driver runs a red light and hits your vehicle. The court might determine you’re 15% at fault for speeding, while the other driver is 85% responsible for ignoring the traffic signal. If your damages total $50,000, you would receive $42,500 (the total minus your 15% responsibility).
In another case, imagine that you trip over an unmarked wet floor in a grocery store while texting on your phone. The store failed to place warning signs, but you weren’t paying attention to your surroundings. The court might assign 70% fault to the store and 30% to you for being distracted. From a $20,000 award, you would recover $14,000. A car accident lawyer in McAllen can help you navigate these complexities.
How to Defend Yourself Against Allegations of Shared Fault
Defense attorneys and insurance companies often try to maximize your percentage of fault to minimize their payout. To protect your right to full compensation:
- Document everything after the accident, including photos, witness information, and detailed notes about what happened.
- Avoid making statements that could be interpreted as admitting fault.
- Seek medical attention immediately, even for seemingly minor injuries.
- Consult with an attorney before speaking with insurance adjusters or accepting any settlement offers.
Speak with a Texas Personal Injury Attorney Today
When you are injured due to someone else’s negligence, you deserve full and fair compensation for every way that the accident has affected your life. Comparative negligence can affect your final settlement, which is why you need a lawyer on your side who can protect your best interests.
A Texas personal injury attorney can help you build a strong case that minimizes your assigned percentage of fault while maximizing your compensation. Your attorney will gather compelling evidence, counter allegations of shared responsibility, calculate the full value of your damages, and negotiate effectively with insurance companies.
Most personal injury attorneys offer free consultations and work on contingency fees, meaning you pay nothing unless they win your case. Contact a lawyer today to protect your rights and secure the compensation you deserve.
