An injury claim can become more complicated when the other side argues that you contributed to the accident. In Texas, your percentage of responsibility can directly affect how much compensation you may recover. According to personal injury attorneys, understanding the state’s proportionate responsibility rules can help you make informed decisions about your claim.
Texas follows a modified comparative negligence system, commonly known as the 51% Bar Rule. Under Texas Civil Practice and Remedies Code Section 33.001, you may generally recover damages if you are 50% or less responsible for the injury. However, your compensation is reduced according to your percentage of fault.
For example, if you are found 20% at fault and your damages total $100,000, your damages could be reduced by 20%, leaving $80,000 before other applicable issues or reductions. If you are more than 50% responsible, however, Texas law generally bars recovery. At exactly 50% responsibility, you are not barred from recovery, but your damages may be reduced by 50%.
Who Determines Fault?
In a lawsuit, the trier of fact determines fault percentages based on the evidence. Responsibility may be allocated among claimants, defendants, settling parties, and properly designated responsible third parties. A defendant may also seek to designate another person as a responsible third party, potentially affecting the allocation of fault.
What Evidence Can Challenge a Fault Claim?
Evidence can be critical when another party claims you contributed to your injuries. Depending on the circumstances, useful evidence may include photographs, videos, witness statements, medical records, vehicle or property records, electronic data, and qualified expert testimony. Because most Texas personal injury lawsuits are generally subject to a two-year limitations period, timely investigation can be important.
Can Personal Injury Attorneys Help?
If an insurer argues that you were partly responsible, Personal Injury Attorneys can help evaluate the evidence and explain how proportionate responsibility may affect your claim. Trusted Personal Injury Attorneys can also help you understand settlement offers and pursue appropriate legal remedies.
For injury victims seeking Trusted Personal Injury Attorneys in Houston or Trusted Personal Injury Attorneys in Dallas, Shev Law Group can provide legal guidance based on the circumstances of your case. Being partly at fault does not automatically mean you cannot recover compensation in Texas. The percentage of responsibility matters, making strong evidence and informed legal advice essential.
After a Crash in Texas, Take These Steps to Protect Your Claim
If you have been injured in a crash in Texas, the steps you take immediately afterward can make a difference. Shev Law Group recommends:
The earlier we assess your case, the more options you may have.
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Website: www.shevlawgroup.com
Address: 2990 Richmond Ave., Suite 205, Houston, TX 77098, USA
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