The Impact of Comparative Negligence in Personal Injury Claims

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When someone is injured in an auto accident in Texas, responsibility for their injuries is determined according to who is at fault.

Though most residents know that Texas is an at-fault state, personal injury lawyers find that many do not understand the factor of comparative negligence and how it can impact a personal injury claim.

Based on Texas’ status as a comparative negligence state, personal injury attorneys find that of the nearly 200,000 non-fatal personal injury claims filed in the state each year, not all will result in the total compensation that many injured plaintiffs believe they are entitled to.

What Is Comparative Negligence In A Personal Injury Claim?

Comparative negligence is the legal principle that permits multiple parties to be at fault in an at-fault state such as Texas.

Comparative negligence laws state that fault for an auto accident is determined based on the actions of all involved parties and the level to which their actions contributed to the accident.

This law recognizes that since multiple parties may be found negligent or having acted carelessly, personal injury lawyers must assign financial responsibility fairly according to each person’s degree of fault in causing the accident.

How Is Texas Law on Auto Accident Fault and Comparative Negligence Applied?

Texas personal injury attorneys must adhere to the Modified Comparative Negligence law, also known as the 51% Bar Rule, that is followed in the state.

The rule states that a plaintiff who is found to be less than 51% responsible for an auto accident in which they were injured can seek compensation from another party; however, if they are found to be responsible by 51% or more, they are not entitled to any compensation.

Additionally, those who are found to be partially responsible for the accident are subject to having their compensation reduced according to the percentage of their responsibility.

How Can Comparative Negligence Impact the Outcome of A Personal Injury Claim?

Personal injury lawyers see Texas comparative negligence laws significantly impacting some accident claims by reducing the amount of compensation that injured plaintiffs are entitled to.

As the law is applied, someone who is 100% resolved of fault for their accident would be entitled to full compensation by the other driver, but if they are found to be 25% at fault, their compensation is reduced by 25%.

The full amount of accident compensation is first agreed upon between the two parties as it would be in any personal injury case, after which the at-fault percentage is applied to calculate the actual compensation amount.

As comparative negligence is often used by insurance companies in trying to reduce their financial responsibility, an experienced personal injury attorney is critical to these cases for an injured party to receive a fair settlement, especially if multiple parties could be at fault.

A Texas Personal Injury Lawyer Is Essential In Comparative Fault Injury Cases

No matter how an auto accident happens, the first step in resolving any resulting personal injury claims is determining who is at fault.

Since Texas follows comparative negligence laws, injured plaintiffs should seek assistance from personal injury lawyers experienced in these cases and in gathering the evidence required to prove who is truly at fault.

When questions of comparative negligence arise, a skilled personal injury attorney can help injured clients wade through the complexity of comparative negligence laws and protect their clients’ best interests.