Comparative negligence in a car accident in Texas is a system of assigning car accident fault and the right to compensation.
Fifty-one percent liability is a compensation bar. If someone is 50% or less at fault, they may receive compensation that is proportional to the extent to which others are at fault for the accident.
The experienced Houston car accident lawyers at Haun Mena explain Texas comparative negligence and how it may impact your car accident compensation.
Understanding Comparative Negligence
- In Texas, the right to car accident compensation and the obligation to pay depend on accident fault.
- Sometimes, one person or party is 100% at fault for the accident.
- But other times, more than one party is at fault for the accident.
- When fault is shared, the law compares the relative fault of each party to determine the right to compensation. This is called the Texas comparative negligence law.
In Texas, the comparative negligence law is called proportionate responsibility, Tex. Civ. Code § 33.001 et. seq.
Assessing fault
Not all fault is equal. Just because two parties both have some fault doesn’t mean that each of them has a 50-50 fault. One person’s fault may be 99% while the other’s has only 1% fault. The percentages of fault may fall somewhere in between.
Texas’ Modified Comparative Fault Rule Explained
Fault = 51-100%
If a person in a car accident is 51% or more at fault, they do not receive compensation.
Fault = 1-50%
The person may receive compensation, reduced by the percentage of their fault.
Fault = 0%
A person may seek full damages from the responsible party or parties.
Examples
0% fault
A car accident occurs, and the defendant is entirely at fault. The victim has $60,000 in damages. The defendant must pay the victim $60,000. (Compensation is usually paid through insurance.)
10% fault
A car accident occurs. The victim is slightly at fault for speeding four miles over the speed limit. But the defendant changed lanes without looking. The victim is assigned 10% fault. Instead of collecting $60,000 in damages, 10% is deducted for the victim’s negligence. The defendant is obligated to pay $54,000.
50% fault
When parties are assigned equal fault, the victim may collect half their damages.
Instead of collecting $60,000, the victim collects 50%, or $30,000.
51%+ fault
As soon as the plaintiff is 51% or more at fault for an accident, they cannot collect any compensation. Even if the defendant has $60,000 in damages, they collect zero.
How Fault is Assigned After a Car Accident in Texas
After a car accident in Texas, the jury decides who is at fault. The parties may agree on respective amounts for a settlement. However, with disputed fault, the jury hears the evidence and decides.
How a lawyer can help
As a car accident victim, you must develop the facts proving what happened. The jury needs convincing evidence and arguments along with correct jury instructions. A car accident lawyer in Texas can help you build a compelling case. Haun Mena can assist you.
Can You Still Recover Damages if You’re Partially at Fault?
It is possible to recover damages if you’re partially at fault, if your fault is not 51% or more. When you’re more than 51% at fault, you don’t recover anything. If you’re 1-50% at fault, you recover damages reduced by your percentage of fault.
Maximizing your compensation, minimizing your fault
Maximizing damages means minimizing the fault assigned to you. It requires a full picture of damages so that the case begins with the maximum amount before deductions for comparative fault.
Note: Comparative and contributory fault systems vary significantly among U.S. states. These are the rules for Texas.
How Comparative Negligence Impacts Settlement Amounts
Comparative negligence factors into settlement amounts. Where comparative negligence is a question, the plaintiff must consider two things:
- Is the defense correct when they say I am at fault? If their allegations are incorrect, what evidence and arguments do I need to refute them?
- What are the likely trial outcomes? What are the possible outcomes? Does comparative negligence change the appropriate settlement range?
If it’s reasonable that the jury could find comparative negligence, the victim must weigh how much of a factor it is. They use this information to strategically determine an appropriate settlement amount.
Common Mistakes That Can Increase Your Percentage of Fault
- Saying you’re sorry or that you could have done something differently
- Speculating about what might have happened
- Accepting a settlement too soon
- Failing to weigh fault relative to others
- Insufficient investigation as to how actions or inactions contributed to the crash
- Believing the insurance company without an independent consultation with a lawyer
At Haun Mena, our car accident lawyers conduct a thorough investigation, working with experts to conduct tests and analysis.
We avoid mistakes that can result in a victim being assigned an unfair percentage of fault.
What Happens If Multiple Defendants Share Fault?
If multiple defendants share fault, each defendant is assigned a percentage of fault. Each defendant is liable to pay their share of damages, according to their assigned percentage.
Texas law creates joint and several liability for a defendant who is more than 50% at fault for an accident. If a defendant is 51% or more at fault, and there are more defendants, the victim may recover the entire compensation amount from the defendant with the most fault. This rule can be helpful when the party with the most fault has the resources to pay compensation.
Any defendant paying more than their share may pursue their right of contribution from other responsible parties. This does not apply against a settling party (Tex. Civ. Prac. § 33.015).
Each defendant must be identified and served. The case must be proven against each of them. Each defendant may individually defend against the claim.
Contact an Experienced Houston Car Accident Lawyer
If you have been in a car accident in Texas, you need to understand comparative negligence in car accident claims. We invite you to talk to an experienced Houston car accident lawyer. Call or message Haun Mena now.
