How Comparative Negligence Affects Texas Car Crash Cases

 Posted on June 22, 2023 in Car Accidents

Each state has enacted negligence laws that have the potential to affect how much compensation a car crash injury victim is entitled to be awarded, in the event that they file legal action in civil court. A few states do not allow injury victims to pursue compensation from other responsible parties if they, themselves, contributed to the harm they have suffered to any degree whatsoever. Some other states allow victims to pursue compensation from other responsible parties regardless of the degree to which everyone involved – including the victim – was to blame for what happened.

Texas Law

Texas honors a legal standard that is commonly referred to as a modified approach to comparative negligence. What this means is that a car crash injury victim remains entitled to seek damages from other parties that contributed to the cause(s) of their harm, provided that the victim was not more than 50% responsible for their own harm. Their damages award is then, proportionately, reduced by the percentage of fault attributed to the victim.

For example, say that a crash victim’s total economic and non-economic harm has been valued at $500,000. It has been determined that a manufacturer of a defective auto part was 60% to blame for what happened. Both the victim and another motorist involved in the accident are each considered to be 20% at fault. This means that the victim can pursue up to $300,000 from the manufacturer and $100,000 from the other motorist. The remaining $100,000 in damages is the victim’s burden to absorb due to their partial fault for their own harm.

Connect with a Dallas Car Accident Lawyer Today for Free to Learn More

By properly valuing one’s harm and accurately determining the proportion of fault to be assigned to each party that is responsible for a wreck, a car crash injury victim can better determine whether pursuing legal action is worth their time and effort. By speaking with a thoughtful Dallas, TX motor vehicle accident lawyer at Jerry D. Andrews, P.C. in a free, no-pressure, confidential case evaluation setting, a crash victim can gain an informed perspective about their unique circumstances. Making this effort will allow them to decide what their next steps ought to be with greater confidence.

If you have recently been injured in a car wreck and you want to know how the Texas approach to comparative negligence might affect the value of your case, consider submitting a contact form on the firm’s website, calling the firm at 214-221-5800, or use the site’s instant chat feature. Attorney Jerry D. Andrews looks forward to working with you.

Source:

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