Is Texas a Comparative Negligence State?
In personal injury cases, recovering compensation typically involves proving that the other party was negligent and that their negligence directly led to the accident (causation).
Negligence refers to a failure to exercise the duty of care to prevent harm to others. If proven, the negligent party is at fault for the accident and liable for resulting injuries and damages.
However, what happens if you share some fault for the accident? In certain states like Texas, the modified comparative fault rule comes into play.
What Is Modified Comparative Fault?
Modified comparative fault means that if you have damages from an accident and are less than 50 percent at fault, you can still recover compensation based on your degree of fault. This principle is based on modified comparative negligence, which allocates damages proportionally according to each party’s level of fault.
For instance:
- If the other driver is 90% at fault and you are 10% at fault
- Your damages total $10,000
- The other driver would be responsible for 90% of your damages ($9,000), and you would bear the remaining 10% ($1,000)
The 50% Bar Rule
However, there’s a limit to this rule. The 50% bar rule stipulates that if you are 50% or more at fault for the accident, you won’t be able to recover any damages. This rule is followed by Texas and 11 other states.
Modified comparative fault can be beneficial for accident victims, allowing them to recover damages even if they share some degree of negligence. However, it’s essential to be aware that insurance companies may scrutinize details to assign blame unfairly. Working with a personal injury lawyer can help build a strong case to prove the other party’s complete fault and navigate the complexities of the legal process.
