In Wichita Falls and Dallas car accident claims, determining who is at fault plays a crucial role in recovering compensation for your injuries and damages. The concept of comparative negligence plays a crucial role in determining who is at fault and therefore, how much compensation is allowed. Understanding this concept is essential for anyone involved pursuing a Wichita Falls or Dallas a car accident claim.
What is Comparative Negligence?
Comparative negligence is a legal principle that allocates responsibility among the various parties involved in the car accident. Under this doctrine, a plaintiff’s recovery is reduced according to their degree of fault. There are two different types of comparative negligence that the law recognizes, and it varies from state to state: pure comparative negligence and modified comparative negligence.
Texas is a modified comparative negligence state, which means that if you are found to be 50% at fault, you cannot recover compensation from the other drive for your injuries. If you are found to be less than 50% at fault, your compensation is reduced proportionate to the percentage of fault that you share. Put into practice this means that if your total compensation would be $100,000 but you were 20% at fault, you would only receive $80,000.
Proving Fault in a Wichita Falls or Dallas Car Accident Claim
To successfully pursue a Wichita Falls or Dallas car accident claim, you need to provide compelling evidence that the other party was primarily at fault.
Important steps to take include:
- Document the Accident: Gather as much evidence as possible at the scene, including photos, videos, and contact information for witnesses.
- Get a Police Report: A police report can provide an official account of the accident and may help establish fault.
- Consult an Expert: Accident reconstruction experts or medical experts can testify about the cause of the accident and the extent of injuries.
- Hire an Attorney: An experienced car accident attorney can help build your case, negotiate with insurance companies, and represent your interests in court.
Contact a Wichita Falls and Dallas Car Accident Lawyer
Understanding modified comparative negligence is crucial for anyone involved in a Wichita Falls or Dallas car accident claim. The principle of comparative negligence can have a substantial impact on your ability to recover compensation. To protect your rights and maximize your recovery, it’s important to gather evidence, consult experts, and, if necessary, seek legal representation.
By being aware of and considering this principle, you can ensure that you are in the best possible position to receive the compensation you deserve.
If you or anyone you know has been in a car accident in Wichita Falls or Dallas, contact our car accident lawyer either by calling one of the numbers listed below or filling out our contact form. For Wichita Falls car accidents, contact us at 940-569-4000. For Dallas car accidents, contact us 945-295-0014. We will give you a free evaluation of your case and offer you helpful information on how to proceed.