What if You Share Partial Fault in a Car Accident?

 Posted on July 12, 2024 in Personal Injury

Car accidents are complex events, and it is not uncommon for multiple parties to share responsibility. If you find yourself in a situation where you may be partially at fault for a car accident in Texas, you might wonder about your legal rights and options. A Texas lawyer can help you understand the concept of shared fault and its implications when seeking compensation.

Can You Still Get Compensation if You Are Partially at Fault?

You can receive compensation, but Texas may reduce the amount you are eligible for. Texas follows a modified comparative negligence rule, also known as the "51% bar rule." This means you can still recover damages if you are not more than 50% responsible for the accident.

Here is how it works:

• Your percentage of fault is determined based on the evidence and circumstances of the accident
• Your potential compensation is reduced by your percentage of fault
• If you are found to be 51% or more at fault, you cannot recover any damages
• For example, if you are found to be 30% at fault for an accident and your total damages are $100,000, you would be eligible to receive $70,000 in compensation (70% of the total damages)

Determining Fault in Texas Car Accidents

Establishing fault in a car accident involves a thorough investigation of the incident. Various factors are considered, including:

• Police reports
• Witness statements
• Physical evidence from the accident scene
• Traffic camera footage, if available
• Expert testimony

Fault determination is not always straightforward. Insurance companies and legal teams may have different interpretations of the evidence, which is why having legal representation is helpful.

Steps to Take if You Share Fault in a Car Accident

If you believe you may share some responsibility for a car accident, consider taking the following steps to protect your rights:

• Do not admit fault at the accident scene or to insurance adjusters
• Document the accident thoroughly, including photos and witness information
• Seek medical attention promptly, even if you feel fine initially
• Consult with a personal injury attorney experienced in Texas car accident laws

An attorney can help you navigate the complexities of shared fault cases and work to minimize your percentage of fault. Your attorney can also assist in gathering evidence, negotiating with insurance companies, and, if necessary, representing you in court.

The Importance of Legal Representation in Shared Fault Cases

When partial fault is involved, having legal representation becomes even more critical. A knowledgeable Texas personal injury attorney can:

• Conduct a thorough investigation to establish the facts of the case
• Work with accident reconstruction professionals to determine the true causes of the accident
• Negotiate with insurance companies to ensure you are not assigned an unfair percentage of fault
• Build a strong case to maximize your potential compensation

Insurance companies often try to shift more blame to reduce the payout. An attorney can help protect your rights and fight for potential fair compensation.

Contact an Austin, TX Personal Injury Lawyer

Do not let partial fault prevent you from seeking the compensation you may deserve. A Midland, TX personal injury attorney can help you through the difficulties of shared fault cases. Call Morales Law Office, Attorneys at Law, PLLC. at 512-474-2222  for a free consultation to discuss your car accident case and understand your legal options. Let us fight for your rights and work towards securing the fair compensation you need for your recovery.