Car accidents can have devastating consequences, leading to significant physical, emotional, and financial burdens. If you find yourself partially responsible for a car accident in Texas, you may be unsure about your rights to compensation. Fortunately, Texas follows the modified comparative fault rule, which allows you to pursue damages even if you share some of the blame. In Texas, as long as you are not more than 50% at fault for the accident, you can recover a portion of the damages.
Navigating the complexities of a car accident claim can be overwhelming, especially when dealing with partial fault. At Byrd Davis Alden & Henrichson LLP, our experienced personal injury attorneys are dedicated to helping you gather evidence, negotiate with insurance companies, and secure the compensation you are entitled to. Don’t let partial fault prevent you from seeking justice. Contact us today for a consultation, and let us help you protect your rights and achieve the best possible outcome for your case.
Can You Recover Damages if You Are Partially Responsible for Car Accidents in Texas?
Car accidents can be traumatic and lead to significant financial and emotional strain. If you find yourself partially responsible for a car accident in Texas, you might wonder if you can still recover damages. The good news is that Texas follows the “modified comparative fault” rule, which allows individuals to seek compensation, even if they are partially at fault, under certain conditions.
Understanding Modified Comparative Fault
Texas uses a modified comparative fault system, also known as proportionate responsibility. Under this system, you can recover damages as long as you are not more than 50% at fault for the accident. If you are found to be 51% or more responsible, you are barred from recovering any damages.
Calculating Your Compensation
If you are found partially at fault, the amount of compensation you can recover will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but found to be 20% at fault, your compensation will be reduced by 20%, leaving you with $80,000.
Types of Recoverable Damages
Even if you are partially responsible, you can still recover various types of damages, including:
- Medical Expenses: This includes hospital bills, medication costs, and rehabilitation expenses.
- Lost Wages: Compensation for the income you lost due to the accident and any future earnings you may be unable to earn.
- Property Damage: Costs for repairing or replacing your vehicle and any other property damaged in the accident.
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
- Loss of Consortium: Compensation for the impact of the accident on your relationship with your spouse or family.
- Importance of Legal Representation
Navigating the complexities of a car accident claim can be challenging, especially when dealing with partial fault. An experienced personal injury attorney can help you gather evidence, negotiate with insurance companies, and ensure you receive the compensation you deserve. They can also help you understand how Texas’ modified comparative fault rule applies to your case.
Contact Our Experienced Personal Injury Attorney Today
Being partially responsible for a car accident in Texas doesn’t automatically disqualify you from recovering damages. At Byrd Davis Alden & Henrichson LLP, we understand the complexities of Texas’ modified comparative fault system. Our experienced attorneys are dedicated to helping you navigate this system, gather crucial evidence, and negotiate with insurance companies to ensure you receive fair compensation.
With a proven track record and decades of experience, Byrd Davis Alden & Henrichson LLP stands out in handling personal injury cases. We are committed to protecting your rights and securing the compensation you deserve, even if you are partially at fault. Contact us today at (512) 454-3751 or through our contact form.
