In many of our posts, we describe the dangers of being in car accidents in Texas. We also highlight what injured parties can seek (as far as monetary compensation) in the event they are involved in a crash. However, many people do not know how the law treats injured parties when their actions contribute to the crash.
For example, a truck driver who is fatigued falls asleep behind the wheel while approaching an intersection. The light at the intersection is green in his direction. A driver in a car tries to cut in front of the truck but quickly sees that the light has now turned from green to yellow. Knowing that he will not be able to cross through the intersection, he slams on his brakes and stops, causing the sleepy truck driver to crash into him.
The driver sues the truck driver, but based on Texas' system of comparative negligence, his recovery could be reduced by the percentage of his negligence that contributed to the accident. If, for example, the driver's conduct is found to be 30 percent responsible and he is awarded $20,000 in damages, he may only recover $14,000 (or 70 percent of the damage award). If it is determined that his actions were 51 percent or more, he would be barred from any recovery.
Determining how much a person's actions contributed towards an accident requires a complete analysis of all the possible facts involved in crash. If you have questions about comparative negligence in car accident cases, an experienced personal injury attorney can help.
Source: FindLaw.com - Contributory and Comparative Negligence