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  • Writer's pictureRobert Schuerger

What If My Personal Injury Was Partially My Fault? Texas Laws Explained

In Texas, navigating the aftermath of a car accident can be complicated, especially when a personal injury claim is involved. The state's law adopts the modified comparative fault rule, which plays a crucial role for those partially at fault. Such regulation allows accident victims to recover compensation, albeit adjusted based on their degree of fault.

Understanding these comparative negligence laws is important for anyone involved in personal injury cases, whether they're dealing with an insurance company, another driver, or facing serious wounds themselves. 

This article aims to dispel common misconceptions and offer valuable insights to individuals seeking fair compensation. Everyone deserves to know the truth, so it's important to know what will happen if someone's partially at fault for their personal injury.

Understanding Texas Law on Partial Fault in a Car Accident

Understanding Texas Law on Partial Fault in a Car Accident

Texas law uses the principle of modified comparative fault, which is a crucial concept for individuals involved in car accidents. This rule specifies that if a person is 51% or more responsible for an auto accident, they cannot recover damages.

Contrarily, those found to be partially at fault but less than 51% can still seek compensation, but it will be reduced by their percentage of fault. Moreover, this difference between being partially responsible and primarily liable for an accident greatly affects the outcome of personal injury lawsuits.

The impact of partial fault extends to negotiations with the insurance company. An insurance adjuster will assess the situation to determine fault among multiple parties involved. Moreover, this process can influence the amount of compensation an accident victim might recover.

If an individual is deemed 30% at fault in a car accident that led to serious injuries, their compensation would be reduced by that same percentage. Understanding these details is important, and personal injury lawyers can help explain how Texas law applies to specific cases.

Schuerger Shunnarah Trial Attorneys can help prove fault, navigate interactions with the insurance company of the other driver, and ensure that victims partially at fault still have a pathway to recover fair compensation. They can also explain the catastrophic injury legal definition.

This knowledge empowers accident victims to pursue their personal injury claims with clarity and confidence.

The Impact of Partial Fault in Personal Injury Cases

In a personal injury lawsuit, the concept of modified comparative fault greatly influences the compensation an individual can recover. When involved in a car accident, being partially at fault means that the compensation amount is adjusted based on one's level of responsibility. 

Such adjustment reflects the principle that each party should bear the financial burden proportional to their fault in the accident.

Examples of Partial Fault

Car accidents often involve complex scenarios, such as speeding or becoming distracted by a mobile device. If one driver exceeds the speed limit and another one simultaneously fails to signal a turn, both may be deemed partially at fault.

Comparative negligence then comes into play to apportion the blame and, subsequently, the recoverable damages.

Proportionate Responsibility

The concept of proportionate responsibility divides the total damages among multiple parties based on their respective fault percentages. 

Understanding how to determine fault and its impact on compensation is critical. This process underscores the importance of accurate fault assessment in car accidents involving multiple parties, which is a complex task that often requires legal expertise to navigate effectively.

Dealing with the Insurance Company and Claims

Insurance companies play a pivotal role in these cases stemming from a car accident, especially when comparative fault is a factor.

These entities are responsible for evaluating claims and determining the extent of their client's liability. This process becomes more complicated when the incident involves partial fault. For more information, top personal injury lawyers may be able to help.

Determining Fault

An insurance adjuster assesses the accident details to establish fault. Such assessment includes reviewing accident reports, witness statements, and any available physical evidence.

The adjuster's determination of fault affects how much compensation the claimant can recover. When a comparative fault is involved, this assessment directly influences the reduction of the claimant's compensation based on their percentage of fault.

Navigating Insurance Interactions in a Personal Injury Lawsuit

Interacting with insurance companies requires caution. Claimants should prioritize gathering comprehensive evidence before discussing fault or damages.

This is where legal representation becomes invaluable. Experienced lawyers can navigate the complexities of insurance claims, ensuring that the claimant's rights are protected.

Schuerger Shunnarah Trial Attorneys has the expertise to negotiate with insurance companies, challenge fault determinations, and advocate for a fair settlement. They can also answer questions like can I hire a personal injury lawyer from another state?

Individuals involved in an accident with another driver should consider seeking legal advice to manage the nuances of comparative fault effectively and maximize their potential recovery.

Seeking Legal Representation to Recover Compensation

Seeking Legal Representation to Recover Compensation

Victims can benefit significantly from a free legal consultation with experienced lawyers, particularly when navigating the complexities of comparative fault in a car accident. This initial meeting allows attorneys to evaluate the case, providing crucial guidance on how to proceed.

They play a vital role in accurately determining fault, a task complicated by the involvement of the other driver and potential shared responsibility. Lawyers are adept at dealing with insurance adjusters, ensuring that their clients are not undervalued or unfairly blamed.

At Schuerger Shunnarah Trial Attorneys, we specialize in handling these types of cases involving partial fault. Our expertise ensures that victims receive the compensation they rightfully deserve, embracing our motto, "We go to war for you."

With our dedicated team, clients are supported through every step of their claim, from the initial free consultation to the final resolution. Drivers can trust in our commitment to fight for their rights and secure fair settlement.

Final Thoughts

Understanding Texas's modified comparative negligence laws is crucial for individuals partially at fault in these cases. These regulations can greatly impact the ability to recover compensation, emphasizing the importance of skilled legal representation.

Personal injury claims, with their inherent complexities, require the expertise of attorneys who are well-versed in navigating these legal waters. Schuerger Shunnarah Trial Attorneys offer free consultations, providing a valuable opportunity for victims to discuss their case specifics.

This initial step is vital in ensuring that individuals fully understand their rights and the potential for compensation. Drivers are encouraged to reach out to us to find out how we can help secure the justice and compensation they deserve.


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