In Texas, the law follows what is called a modified comparative negligence rule. Essentially, this means you can still recover compensation even if you were partially at fault for the accident. However, your compensation will be reduced based on your percentage of fault and the at-fault party will only be responsible for their percentage of fault.
For example, if you are 40% at fault for the accident and the total damages in your case are $100,000, you would only be able to recover 60% of that amount—$60,000.
Texas law also has a critical limit: If you are 50% or more at fault for the accident, you cannot recover any damages. In other words, if you're found to be 51% or more responsible for the crash, you lose the right to compensation altogether.
It's important to work with an experienced Wichita Falls and Dallas car accident and personal injury lawyer to ensure that your degree of fault is properly assessed and to help maximize your recovery, especially if the other party tries to blame you for the accident. Your attorney can also help gather evidence to support your case.
Contact a Wichita Falls and Dallas Car Accident Lawyer
If a loved one has been killed 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 claims, contact us at 940-569-4000. For Dallas claims, contact us 945-295-0014. We will give you a free evaluation of your case and offer you helpful information on how to proceed.