Negligence is at the core of all car accident claims. It means you must establish who was at fault or, in legal terms, who acted negligently when pursuing compensation. But what if you played a role in the accident? Can you still recover compensation?
The short answer is yes. Texas law allows you to recover compensation even if you partially contributed to a crash. However, certain legal intricacies can shape your potential settlement.
Texas negligence laws explained
Texas follows a modified comparative negligence rule which allows you to recover compensation as long as your share of fault is not more than 50%. Therefore, you cannot recover compensation if your contribution to the crash exceeds the other driver’s.
Additionally, your level of fault will proportionately diminish or reduce your recoverable compensation. For instance, if you were 40% at fault for an accident, you can only recover 60% of the damages you would have otherwise been entitled to if you played no part in the crash.
Can you dispute the level of fault assigned to you?
A lot goes into apportioning fault after a car crash, from police reports to eyewitness statements. In some cases, everything may not be in black and white. Fortunately, the legal system acknowledges the potential for subjectivity or bias in assigning fault.
As such, you can contest the extent of blame attributed to you in a crash and present evidence that might lead to reconsideration of the apportioned responsibility. Remember, asserting your rights is essential in securing the best possible outcome for your case.
Reaching out for qualified legal guidance can empower you to effectively navigate the claims process, protect your interests and help ensure you receive the compensation you deserve.