Unlike the handful of no-fault insurance states in the U.S., Texas law considers who causes or contributes to an accident. When a car accident occurs, the injury victims experience considerable financial losses as well as the pain and suffering associated with their injuries. If another party’s failure to take reasonable measures caused the accident, the injury victim shouldn’t be left responsible for the consequences—the “damages” in a car accident or personal injury claim. Our personal injury attorneys in Austin can help you file a claim.
After an accident or injury, many anxious Austin residents want to know, “How does the modified comparative negligence law work in Texas accident claims?”
What is Modified Comparative Negligence and Proportionate Responsibility?
A modified comparative negligence system allows accident victims to recover compensation from an at-fault party’s insurance even if they contributed to the cause of the accident as long as they are no more than 50% at fault. After a car accident, the insurance companies involved look at the evidence and determine each driver’s percentage of fault. If one driver is completely responsible for the accident, an injury victim from the other vehicle can recover full compensation for their damages like medical expenses, lost wages, and compensation for pain and suffering. However, if the other driver contributed to the cause of the accident, their percentage of fault is subtracted from their compensation.
Texas §33.002. states:
“The trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility, stated in whole numbers, for the following persons with respect to each person’s causing or contributing to cause in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these:
- Each claimant;
- Each defendant;
- Each settling person; and
- Each responsible third party
In more complex accident cases, third parties may also contribute fault. For example, if the manufacturer of a defective auto part contributed to the cause of the accident, they could be partly at fault and liable for a percentage of the injury victim’s damages as well as the other driver.
How Does Modified Comparative Negligence Law Affect My Claim?
Accidents are complex and it’s not always entirely one driver’s fault. If you were in a car accident and the other driver ran a red light and T-boned your car, it may seem that they are entirely at fault. They might be, but what if your speed was measured at ten miles per hour over the speed limit when the accident occurred? The other driver’s insurance company could argue that had you been driving the speed limit, you could have avoided the collision. In this example, the insurance company could assign you 25% of the fault and the other driver 75%. Because the other driver is more than 50% at fault, they cannot recover compensation from your insurance; however, if your damages equal $100,000, the other driver’s insurance company only has to pay you $75,000.
How Can an Austin Car Accident Lawyer Help My Case?
Although modified comparative negligence has some advantages because it allows even those partly responsible for an accident to recover a portion of their damages, it also incentivizes the insurance company to assign fault to injury victims so they can reduce the amount they have to pay out on a claim. Our experienced Austin car accident attorneys anticipate this tactic and gather compelling evidence of the other driver’s liability to protect their client’s best interests.
If you’ve been in a car accident in Austin, contact the car accident attorneys in Austin at Shaw Cowart, LLP so we can safeguard your rights throughout the claim process and obtain the best possible outcome for your case.