In Texas, a wrongful death claim doesn’t automatically fail just because the deceased played a role in the accident. However, their level of fault can significantly affect the compensation your family is entitled to recover. Knowing how Texas law handles shared fault can help you protect your family’s right to pursue justice. Make sure to speak with an experienced car accident lawyer in McAllen.
How Comparative Fault Works in Texas Wrongful Death Cases
In most wrongful death lawsuits, the goal is to prove that another party’s negligence directly caused your loved one’s death. When liability is clear-cut, the responsible party bears the full weight of the damages.
Sometimes, both parties may have contributed to the accident in some way. Texas’s modified comparative fault system governs these situations. Under this law, a person’s compensation is reduced in proportion to their percentage of responsibility. If the deceased is found to be 51% or more at fault, the family is completely barred from recovering any damages.
If your loved one was found to be 20% at fault for the accident that caused their death, for example, your family’s total recovery would be reduced by that same 20%. However, if the deceased were assigned 55% of the blame—say, for running a red light while the other driver was speeding—your family would be unable to recover any compensation at all.
Who Decides the Deceased’s Percentage of Fault?
The question of how much fault to assign the deceased is typically decided by a jury if the case goes to trial. This determination is usually based on the available evidence surrounding the incident, such as police reports, witness accounts, physical evidence from the scene, and expert analysis.
The opposing side will often try to shift as much blame as possible onto the deceased in order to minimize their own client’s financial liability. That’s why having strong legal representation matters. A wrongful death attorney in McAllen can push back against inflated fault allegations and present a clear, evidence-backed picture of what actually happened.
What Evidence Can Challenge a Fault Determination?
If the other side is attempting to place an unfair share of the blame on your loved one, the right documentation can make all the difference. The following types of evidence are commonly used to challenge fault determinations in wrongful death cases:
- Accident Reconstruction Reports: Reconstruction experts can analyze the scene, vehicle damage, and road conditions to establish a more accurate sequence of events.
- Surveillance or Dashcam Footage: Video evidence can provide an objective, real-time account of what occurred leading up to the accident.
- Witness Testimony: Statements from people who saw the incident firsthand can corroborate your family’s version of events and counter the opposing side’s narrative.
- Phone and Electronic Records: Data showing that the at-fault party was distracted or impaired can shift responsibility away from the deceased.
- Medical and Toxicology Reports: These records can confirm or rule out whether substances or medical conditions played a role in either party’s actions.
Speak with a Texas Wrongful Death Attorney Today
When the other side tries to blame your loved one to reduce what your family can recover, you need an attorney who will fight to set the record straight. A McAllen personal injury lawyer from De La Garza Law Firm will review the facts of your case, challenge unfair fault determinations, and pursue the full compensation your family deserves. Contact us today at (956) 201-8453 for a free, confidential case consultation.
