Comparative fault is a system that plays a significant role in Texas car accident cases. Texas follows a “modified comparative fault” system, which means that a person’s ability to recover compensation depends on their degree of responsibility for the accident.
Understanding how this system works is important for anyone involved in a car accident in the state.
How does comparative fault affect compensation?
Under the proportionate responsibility law, a person can recover damages only if their percentage of fault is 50 percent or less. If they are more than 50 percent at fault, they cannot recover compensation. For example, if a driver is 40 percent at fault for an accident and the total damages amount to $10,000, the compensation they can receive would decrease by 40 percent. In this case, they would be eligible to recover $6,000.
How does the law establish a person’s degree of fault?
Fault determination in Texas considers several factors, such as traffic violations, distracted driving and other behaviors that may have contributed to the crash. Investigators use police reports, witness statements and other evidence to assign fault percentages to each party.
It is important to note that insurance companies and courts use the comparative fault rule when evaluating claims. Both parties may present evidence to argue their case and influence the determination of fault percentages. Fault can significantly impact the outcome of a case, so every detail of the incident matters.
Understanding comparative fault helps people navigate the claims process more effectively. After a car accident, you should gather photographs and witness information if it is safe for you to do so. This will help ensure that you receive the compensation you deserve while minimizing any reduction caused by your share of responsibility.