What Happens if I am Partially at Fault in My Accident in Texas?

Personal Injury

There are numerous daily accidents in Texas, especially in the major cities. Slips & falls, industrial accidents, and especially auto accidents on the bustling highways and thoroughfares.

Due to the sheer number of vehicles on the road, and the speeds at which they travel, almost any of these accidents usually cause mild to significant and lasting injury. Many of the injuries you sustain may require lengthy recovery time and long-term care and can severely damage your vehicle and injure you and your passengers.

One of the first things in any accident that the police and the insurance companies want to know is who is at fault, and were you partially at fault for your accident?

You should be aware that even if you were partially at fault for your car accident (or almost any mishap), you could commonly obtain needed compensation from the other driver or company involved in your accident. However, this rule holds only if your share of the blame does not exceed a specific level, usually 50% to 51%. If you are assigned a higher percentage of fault, you then may lose all eligibility for seeking damages and compensation from the other parties involved.

Texas adheres to the “at-fault” rule regarding all accident cases, especially car accidents. Essentially, it is a “comparative fault” state. This legally translates that if you are entirely or partially (at least 50-51 percent) at fault for your accident, you must take full responsibility for its occurrence.

Accordingly, after your accident, if you are deemed to be “at fault” for your accident, then you are responsible for all the resulting costs. Specifically, if you are proven to be the at-fault party and have insurance, then you and your insurance company are “on the hook” for damages, medical payments, etc.

So, if you had a car accident (or been injured in another way), consult with a Hidalgo county personal injury lawyer so that they can ensure fault is proven rationally and honestly. Doing this gives you the best chance to receive the compensation needed to move forward with your life.

How Will My Personal Injury Lawyer Help Me Prove Who’s At Fault?

First, and unfortunately, all insurance companies will want to “get off the hook” if it’s at all possible. Your personal injury lawyer is well aware of this and has acquired many ways to “prove fault” and ensure you receive what you rightfully deserve.

Of course, there is no single “magic formula” to determine your share of fault in your accident. However, the Texas courts and their investigating staff will closely examine all the evidence gathered by your personal injury law team (and, at times, their proof) about the accident to formulate their final decision.

Evidence such as:

• Available Traffic control devices – Was someone caught by a red-light camera or didn’t stop at a stop sign?
• Speed limits – In a car accident, was either party exceeding the speed limit?
• Weather conditions at the time  – Was the accident caused by inclement weather at the time it occurred, and did someone’s driving not accommodate hazardous road conditions?
• Cell phone usage – Was either party talking on or using a cell phone at the time of the accident?
• Eyewitness accounts –  Were all parties obeying the “rules of the road” or not? Eyewitnesses may be invaluable in corroborating your actions.

You must note that the Texas courts will do an investigation; however, you need someone aggressively fighting for your side and your rights! Suppose you are in this situation, and the fault is questionable. In that case, it’s mandatory to have a qualified, knowledgeable, and aggressive Hidalgo County personal injury law firm that will fight for you!

What Is “Modified Comparative Fault,” and How Does It Work In Texas?

Modified comparative fault is also known as “proportionate responsibility in Texas. Usually, this system is highly confusing to you and injured victims of auto or any other type of accident. To avoid this confusion, it’s essential to consult with a personal injury lawyer as soon as possible.

For example, let’s say you are in a shared-fault car accident. Just how would recovery work in Texas, and what would be the outcome.

For example, you were on a central Texas highway, and someone cut into your lane resulting in your accident. The police cited the other driver for reckless driving and you for exceeding the speed limit.

You and your personal injury lawyer seek damages from the other driver, and the jury decides that you were 20 percent at fault due to your speeding. So, you will still recover damages and compensation from the other driver but only receive 80 percent of the total settlement. If you are to receive a $100,000 total, it would be reduced to 80%, and you would get $80,000.

So, Texas is an “at-fault-state,” What Does That Mean For My Personal Injury Case?

Yes, Texas is an at-fault state instead of a no-fault state, and it uses what is referred to as a tort liability system. This means that if you are “at fault” for your accident, your insurance carrier will be responsible for paying out all aspects of your claim. 

However, if you are not at fault, you and your personal injury lawyer will file suit against the responsible parties’ insurance to cover your medical expenses, lost wages, etc.

Texas’s at-fault auto insurance laws allow you to hold accountable the party responsible for causing your accident. However, suppose you are partially at fault. In that case, the assistance, guidance, and experience of your McAllen or Edinburg personal injury lawyer will be invaluable to you winning your case and obtaining the compensation you deserve.

In these cases, the jury will often assess the evidence presented and then decide if a percentage of the fault falls on you. This could decrease your compensation, or you could get nothing.

This is, of course, based on the evidence presented but on the skill, experience, and aggressiveness of your Hidalgo County personal injury law team. Use their expertise to fight for you, your family, and your future.

I May Be Partially “at-fault” For My Accident; How Should I Proceed?

If you, or a family member, has been severely injured in an auto accident, slip & fall, etc., proving negligence and fault could be critical to paying for your medical treatment, recovery, lost wages, and much more.

Texas, being an at-fault state, will analyze all the evidence presented by your personal injury lawyer, and the jury (and the court) will decide who was at fault and to what extent.

So, if you are severely or even moderately injured, how much fault you are assigned will impact the compensation you obtain.

Obtain a case evaluation with your Hidalgo County personal injury lawyer today. They will tirelessly and aggressively defend your rights from beginning to end to ensure you receive the compensation you’re entitled to. Don’t attempt to navigate this winding legal path alone; consult with your law team today and move confidently into the future.