Contributory Fault in Texas Personal Injury Cases
When you’re injured in an accident, figuring out who is to blame can make a big difference in whether or not you go home with the compensation needed to recover. Texas doesn’t use the contributory negligence system, which is very strict and doesn’t let plaintiffs to recover anything if they’re even slightly at fault. Instead, Texas follows a modified comparative negligence system. This means you can still seek damages as long as your share of fault is 50% or less.
This system helps people get some level of justice and compensation, even if they made a mistake that contributed to the accident. If you need help with a determining who was liable in the accident you experienced, call Sneed & Mitchell LLP at (866) 434-0014.
What Is Comparative Fault in Personal Injury Cases?
Comparative fault, also called comparative negligence, is a way the law handles cases where more than one person is responsible for an accident. It’s common for accidents to happen because of mistakes made by multiple parties. Instead one person being forced to assume responsibly, a comparative fault system divides the blame among all parties based on their degree of contribution.
For example, in a car accident, one person might have been speeding while the other failed to stop at a red light. In this case, the court might decide one driver is 60% at fault, while the other is 40%. The percentages matter because they affect how much economic and non-economic damages each person can recover. If you’re partly at fault, the court will reduce your compensation by your percentage of fault.
This theory of liability is often considered fairer and more equitable since more than one party’s unsafe actions caused the resulting harm.
What Is the Modified Comparative Fault System?
Texas uses a type of comparative fault called the modified comparative fault system, also known as the 51% rule. Under this system, if you are 51% or more at-fault for the accident, you won’t be able to recover any money. But if you’re 50% or less at fault, you can still receive damages,, and the amount of money you get is reduced by the percentage of fault assigned to you by the judge or jury. For example, if your damages are $10,000 and you’re 30% at fault, you would get $7,000.
The Texas Legislature believes this is much better for injured people compared to contributory negligence, where even 1% fault would stop you from getting anything. In Texas civil lawsuits, as long as you are not mostly at fault, you can still recover some amount of compensation.
Requirements for Proving Negligence in Texas
To win a personal injury case in Texas, you must prove the other person was negligent. Negligence means they didn’t act with the care they should have, and this failure caused your injuries. There are a few key things you need to show to prove negligence.
In the field of tort law, a person must prove the following to recovery damages under a theory of negligence:
The defendant owed a duty to the plaintiff.
The defendant breached that duty to the plaintiff.
The defendant caused the plaintiff to suffer harm,
The plaintiff experienced damages as a result of the harm
First, you need to prove that the other person had a duty to act safely. For example, drivers are supposed to follow traffic laws and be careful on the road. Second, you need to show they failed to meet that duty. Maybe they were distracted, speeding, or ignored safety rules. Third, you must connect their failure to your injuries. This means proving that what they did (or didn’t do) directly caused your harm. Lastly, you’ll need to prove your damages, such as medical bills, lost wages, or pain and suffering.
Proving these things isn’t always simple, and having a lawyer to guide you can make a big difference. If you’re unsure how to gather evidence or prove your case, contact Sneed & Mitchell LLP at (866) 434-0014 for a free consultation to discuss next steps.
How Does Comparative Negligence Differ from Contributory Negligence?
Comparative negligence and contributory negligence are two different systems for handling cases where more than one person is at fault. Contributory negligence is very strict and harsh. If you are even 1% at fault, you cannot get any compensation. For example, if you were jaywalking and got hit by a driver who was speeding, you would not be able to recover damages under this rule, even though the driver was mostly to blame.
Comparative negligence is not as strict. It lets you recover damages even if you share some of the blame for the accident. In this system, the court figures out what percentage of the fault belongs to each person involved. If you are 30% at fault, the amount of damages you get will be reduced by 30%. So, if your damages are $50,000, you would still get $35,000 after the reduction.
Texas uses a modified version of comparative negligence. This means you can still recover damages as long as you are 50% or less at fault. But if you are 51% or more at fault, you won’t be able to recover anything. This rule makes sure people who are mostly responsible are not compensated, but it still allows others to recover some portion of their losses.
Determining Damages Based on Fault
When an accident happens and more than one person is at fault, the court has to decide how much blame each party carries. This percentage of fault determines how much money you can recover for your injuries and other losses.
However, if the court decides you were 51% or more at fault, you won’t be able to recover any money under Texas law. That’s why it’s important to make sure fault is determined fairly. Insurance companies often try to place more blame on you to reduce the amount they have to pay. An attorney can help you fight back and ensure your share of fault is accurate. Adjusters and third party administrators are also trained on computer softwires that aid them in apportioning fault. Your attorney is aware of their tactics and also have expert witnesses, such as accident reconstruction engineers that can investigate a case and help overturn the insurance company's determination.
The Importance of an Attorney in Determining Fault
Figuring out who is at fault in a personal injury case isn’t always easy. Insurance adjusters or their third party administrators (TPA's) often try to put more of the blame on you, even when the facts clearly implicate their insured. If successful, splitting liability can seriously reduce the amount of money you recover, or prevent you from securing any compensation at all.
A skilled attorney can make a massive difference in how your claim is resolved. A great lawyer will dig into the details of your case to uncover the truth. They’ll gather important evidence, like statements from witnesses, surveillance, and reports from experts to aid the jury in determining who really caused the accident. The attorney also deal directly with the insurance companies to stop them from unfairly shifting the blame onto you.
If your case must go to trial because a negotiated settlement cannot be reached, your attorney will stand by your side, using the evidence to argue in your favor and reduce any fault assigned to you. Your attorneys goal is to help you obtain the best possible outcome so you can recover the compensation you deserve. When dealing with tricky cases involving shared fault, having an attorney on your team is essential. For experienced legal help, reach out to Sneed & Mitchell LLP at (866) 434-0014 today. Don't wait until it's too late for you assert a claim here in Texas.