Can I Recover Damages for Texas Car Crash Even if I Was Partially to Blame?

 Posted on April 12, 2022 in Car Accidents

Not all that long ago, personal injury claims were structured much differently than they are now. Nearly all states used to practice what is known as “pure contributory negligence.” The rule of pure contributory negligence states that a person who is in any way at fault for their injury cannot recover damages from the responsible party. Even if the person seeking compensation was only minorly at fault for an accident, they would be barred from being awarded damages for their injury. Most states—including Texas—have enacted some type of comparative negligence rule, allowing the claimant to recover compensation, even if they had a portion of liability.

Understanding Proportionate Responsibility

Rather than comparative negligence, the state of Texas uses the term “proportionate responsibility,” but they mean the same thing. Different states have different percentage amounts that a claimant can be liable for before they are barred from receiving compensation. In Texas, this is referred to as the “51 percent bar” because a claimant can still recover compensation from another person if they are 50 percent or less liable for the accident that caused their injuries.

Calculating Proportionate Responsibility Award Amounts

In cases that involve a claimant who is partially responsible for their accident, the jury is instructed to compare both parties’ negligence and come up with whole number percentage amounts that assign liability to each party. Consider a situation, for example, in which two people get into a car accident and the jury determines that the claimant is 20 percent liable for the accident and the other party is 80 percent liable for the accident. After all of the evidence is presented, it is determined that the claimant suffered $500,000 in losses, including medical bills, lost wages, and other damages. The amount the claimant is entitled to collect would be reduced by 20 percent, leaving the other party only responsible for paying 80 percent, or $400,000.  

Our Dallas Car Wreck Injury Attorney Can Help

If you have been in a car accident with a negligent driver, you should talk to a Dallas car accident injury lawyer as soon as possible. Claiming compensation for a car crash is possible, but there are time limits that you must follow. At the offices of Jerry D. Andrews, P.C., we can help you form a strong case to help you get the compensation you deserve. To schedule a free consultation with a member of our team, call our office at 214-221-5800 today.

Source:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm