Understanding Texas Comparative Fault Laws

Fault is one of the first things to be determined in a personal injury case. If you are injured because of another person’s negligence or wrongdoing, they would be at fault for your injuries. However, determining fault is not always straightforward. Often, more than one person is responsible and sometimes the personal injury victim is partially at fault. Texas has a unique way of determining liability and compensation in personal injury cases. Our state has adopted a modified comparative fault approach. This means that you may still be able to receive compensation for your damages if you are partially at fault for the accident that caused you injuries.

If you have been injured due to another person’s fault, even if you may also be partially at fault, let us help. At Bush & Bush Law Group, our Dallas personal injury lawyers have a deep understanding of Texas comparative fault laws and know how to successfully fight for our clients to receive maximum compensation. Give us a call at (469) 977-7777 or visit our contact page today to schedule a free consultation. We will listen to you, answer your questions, evaluate your case, and explain your options.

Modified Comparative Negligence

Under the Texas modified comparative negligence law, you can seek and be awarded damages even if you are partly responsible for your injuries. However, if you are found to be fifty-one percent or more at fault, you will not be able to recover any compensation. This is sometimes referred to as the “51% bar”. This means that if you are less than fifty-one percent at fault, you can recover compensation, but the amount of your award will be reduced by the percentage of fault assigned to you. For example, if you are awarded $100,000 in damages for your claim and are found to be 10% at fault, your award will be reduced by 10%. In this example, you would receive $90,000 rather than $100,000 because of your percentage of fault. These cases can be complex and it is natural for parties to try and shift blame to avoid or minimize paying a claim. You need a qualified Texas personal injury attorney by your side to properly investigate your case, gather evidence, and customize the best legal strategy to strengthen your case and maximize your compensation.

Examples of Comparative Fault Cases

Texas courts must determine the percentage of fault each party bears, which can be very complicated. Consider the following situations. In each example, there is more than one party at fault.

• Driver A makes an illegal left turn in front of Driver B, who is speeding and collides with Driver B.
• A grocery shopper is busy looking at her phone and does not see the spill on the floor, slipping, falling, and being injured.
• A driver is following another car too closely and crashes into it when the front driver turns without signaling.
• A speeding driver hits a pedestrian who darted into the road unexpectedly.

In each of the above scenarios, more than one party is at fault for the injuries sustained. The courts must determine how much fault to assign to each party. In these cases, it is essential that you have an experienced, skillful Texas personal injury attorney fighting for you.

Evidence in Texas Comparative Fault Law Cases

The evidence in comparative fault cases is of supreme importance. In all cases, you need to gather and preserve the evidence as quickly and thoroughly as possible. However, when fault is disputed, the need to meticulously investigate and recover evidence is even more critical. A strong personal injury attorney can assist you in gathering evidence to help minimize your fault and maximize the fault of other parties. Some types of evidence that may be collected and used in a Texas comparative fault case include:

• Photographs and video evidence, including any video from third parties such as nearby surveillance cameras.
• Witness statements
• Medical records
• Accident reports
• Any journal or diary you maintain
• Vehicle black boxes
• Maintenance records of vehicles or of the property where the injuries occurred
• Expert witnesses, including accident reconstructionists

You need the legal representation of a qualified Texas personal injury attorney who knows what types of evidence to look for, how to get it, and how to use it to strengthen your case.

How We Can Help in Texas Comparative Fault Laws Cases

Determining fault and proving your case in a Texas comparative fault claim can be complicated. However, a strong Texas personal injury attorney will know how to accurately calculate fault and build your strongest case. At Bush & Bush Law Group, we will:

• Be your strongest advocate. We do not get paid unless you get paid so we work extremely hard to minimize your percentage of fault and maximize your recovery.
• Help determine fault. We have years of experience gathering evidence to help prove the fault of a defendant and protect the rights of our clients.
• Accurately value your claim. Our experience and skill give us the ability to accurately calculate your true damages including current and future medical expenses, pain and suffering, lost wages, loss of enjoyment of life, and much more.
• Compassionately guide you through the legal proceedings while keeping you informed every step of the way.

We understand how stressful and challenging personal injury accidents can be. We are here to help you get through this difficult season and will take care of the complex legal process so you can focus on your recovery and getting your life back on track.

Contact Bush & Bush Law Group Today

When multiple parties may be at fault, the case will be more complicated. The insurance companies all know that if they can show you were 51% at fault, they will owe you nothing. Even if they can’t meet the 51% bar, they will fight for every percentage point of fault to minimize the amount they have to pay you. You should be very cautious speaking to an insurance company after an accident and should never admit any fault to the police, another party, or any insurance company. You need strong legal representation when facing a comparative fault incident. You need a skillful, dedicated personal injury attorney who knows how to protect your rights and maximize your compensation.

You need Bush & Bush Law Group. Call us today at (469) 977-7777 or visit our contact page to schedule a free consultation. We will listen to you, answer your questions, and explain your options. If we take your case, we will immediately begin customizing the strongest case possible to help you get every penny you deserve.