If you’ve been injured in a car accident, you may be interested in filing a claim and pursuing damages that ease your injury-related financial burdens. After all, a beneficial settlement or verdict can award compensation for your medical expenses, lost wages, property damage, rehabilitative services, and other non-economic damages.
However, it may be difficult for you to maximize your claim based on Texas’s modified comparative fault rule. The experienced car accident attorneys at The Stewart Law Group can help you determine your best options based on who is at fault for the accident.
What Is a Modified Comparative Fault Rule?
Negotiating or litigating for damages is fairly straightforward if one driver is clearly and fully responsible for an accident. It’s when both parties share fault that the path to restitution becomes significantly more complex.
Per Texas’s modified comparative fault rule, a plaintiff’s damages may be reduced or eliminated depending on how the jury calculates each party’s percentage of fault. For example, if the jury decides that you are 45% at fault for an accident, your total economic and non-economic damages will be reduced by 45%. So, even if you’re initially awarded $150,000, you’re only actually entitled to $82,500.
However, if the jury decides that you are more than 50% at-fault for an accident, you will not receive any damages for your injuries. This is an important stipulation in Texas’s modified comparative fault rule.
Shared Fault Systems vs. Pure Negligence Rules
To grasp Texas’s system, it’s helpful to understand the broader categories of fault rules:
- Shared Fault Systems (Comparative Negligence): These systems acknowledge that more than one party might contribute to an accident. Damages are then allocated based on each party’s percentage of fault. There are two main types:
- Pure Comparative Negligence: In states with this rule, an injured party can recover damages even if they are largely at fault, though their percentage of blame will reduce their compensation. For example, if you are 90% at fault, you could still recover 10% of your damages.
- Modified Comparative Negligence: This is what Texas follows. It’s a blend of pure comparative negligence and the older “contributory negligence” rule.
- Pure Negligence Rules (Contributory Negligence): A few states still operate under this strict rule. If you are found to be even 1% at fault for an accident, you are completely barred from recovering any damages from the other party.
What This Means for Car Accident Victims
If you’ve been in a car accident in Austin, and especially if fault is being disputed, it’s crucial to do the following as soon as possible after your accident:
- Gather evidence: This includes photos, witness statements, police reports, and medical records.
- Be cautious with insurance companies: Avoid making recorded statements or accepting early settlement offers without legal advice, as they may try to use your words against you.
- Seek experienced legal representation: An attorney can investigate the accident, gather crucial evidence, challenge unfair fault allocations, and fight to protect your rights and maximize your potential compensation.
Discuss Your Case with an Experienced Attorney
Texas’s modified comparative fault rule regulates how courts and insurance claims adjusters evaluate a car accident case. If you’re ready to pursue damages, you must retain the services of an experienced attorney who can thoroughly investigate your case and fight for your interests in court.
At The Stewart Law Firm, our trial-tested Austin car accident lawyers can tenaciously negotiate with insurance companies on your behalf and help you secure an advantageous settlement. The defendant’s insurance company may try to use underhanded tactics to undermine your case by alleging that you are at fault for the collision. We can protect your claim and help you maximize your damages.
Contact The Stewart Law Firm, PLLC at (512) 326-3200 to schedule a free consultation.
