After an accident, the emotional and financial toll can feel overwhelming, especially when multiple parties are involved. Understanding Texas’ comparative negligence laws can help you navigate this challenging time with clarity. These laws determine how fault is divided and how compensation is awarded, ensuring you’re treated fairly and justly in the aftermath of an accident.
At Byrd Davis Alden & Henrichson LLP, we draw on over 60 years of experience handling personal injury cases in Texas. Our recognition by U.S. News & World Report as one of the Best Law Firms in the U.S. speaks to our dedication to protecting your rights and securing fair outcomes. Let us help you navigate the complexities of these laws with confidence.
What You Need to Know About Comparative Negligence
Understanding Texas’ comparative negligence laws is crucial for anyone involved in a personal injury case in the state. These laws determine how fault is assigned and how compensation is awarded when multiple parties are involved in an accident.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used to allocate responsibility among parties involved in an accident. In Texas, the law assesses the degree of fault each party bears and adjusts the compensation accordingly. This approach ensures that individuals are held accountable for their actions while allowing those less at fault to receive compensation.
Texas’ Modified Comparative Negligence Rule
Texas follows a “modified” comparative negligence system, often referred to as the “51% bar.” Under this rule, a plaintiff can recover damages only if they are found to be 50% or less at fault for the incident. If a plaintiff is determined to be more than 50% responsible, they are barred from recovering any damages.
Impact on Compensation
Once fault percentages are determined, they directly influence the compensation a plaintiff can receive:
- Less Than 50% At Fault: The plaintiff can recover damages, reduced by their percentage of fault. For example, if awarded $100,000 and found 30% at fault, the plaintiff would receive $70,000.
- More Than 50% At Fault: The plaintiff is barred from recovering any damages.
Consider the following scenarios:
- Car Accident: Driver A runs a red light, and Driver B, who is speeding, collides with A. If Driver A is found 60% at fault and Driver B 40%, Driver B can recover 40% of their damages.
- Slip-and-Fall: A shopper slips on a wet floor in a store. If the store is found 70% at fault for not cleaning the spill and the shopper 30% at fault for not noticing the hazard, the shopper can recover 70% of their damages.
Navigating Texas’ comparative negligence laws can be complex. Consulting with an experienced personal injury attorney can help ensure your rights are protected and you receive fair compensation.
How Fault Is Determined
Determining fault in Texas involves a thorough examination of the circumstances surrounding the accident. Factors considered include:
- Actions of Each Party: What each individual did before, during, and after the incident.
- Witness Statements: Accounts from those who observed the event.
- Physical Evidence: Items such as vehicle damage, skid marks, or surveillance footage.
- Expert Testimonies: Insights from professionals like accident reconstructionists.
This comprehensive analysis helps establish the percentage of fault assigned to each party.
How Byrd Davis Alden & Henrichson LLP Can Help
At Byrd Davis Alden & Henrichson LLP, we understand the challenges of navigating Texas’ comparative negligence laws and the impact they can have on your case. With over six decades of experience as Austin’s oldest personal injury law firm, we’ve earned a reputation for handling complex legal matters effectively. Our Board-Certified Personal Injury attorneys are dedicated to building strong cases that protect your interests. We’ll work tirelessly to investigate the details of your case, collect crucial evidence, and present a compelling argument to ensure you are not unfairly penalized.
Whether it’s gathering evidence, consulting with experts, or negotiating fair compensation, we handle every aspect of your case so you can focus on recovery. Call us today at (512) 454-3751 or reach out through our contact form to discuss how we can support you.