It may be convenient to assume that accidents are always caused by one party. However, the reality of vehicle collisions is often more complex. Multiple drivers may contribute to the incident, and third-party liability could also be involved. In such cases, determining who is financially responsible for the accident depends on Texas’s modified comparative negligence rule.
Through comparative negligence in Houston car accident claims, people can recover, even if they share responsibility for the incident. However, this only applies if you are 50 percent or less at fault. In addition, the amount of compensation is reduced by the percentage of fault. To learn more about this process and how to pursue compensation, call an experienced auto crash attorney today.
The 51 Percent Bar
Modified comparative negligence provides individuals with a blend of pure fault models and comparative or contributory negligence. It enables people to recover compensation even if they share some degree of fault. However, it does not benefit those who bear the majority of the responsibility for an accident. This approach also seeks to prevent windfalls by restricting recovery to only the percentage of blame assigned to other parties.
Houston’s approach to modified comparative negligence in car wreck claims follows the state’s 51 percent bar rule. A party who is 51 percent or more liable for the wreck cannot recover anything from others. The 51 percent bar is also known as a recovery threshold. Only under 51 percent responsibility can a person recover for an accident. Otherwise, people can recover compensation for damages, even if they are partially to blame.
Impact on Compensation
Houston’s modified comparative negligence rule impacts recovery amounts in car crash claims, as well. Their percentage of fault will reduce a person’s recovery. For example, if a court determines that an individual’s damages are $10,000, but they were 20 percent responsible for the accident, their damage award will be $8,000.
The injured party does not have to prove that the defendant was 50 percent or more responsible for the accident to recover. As long as their liability is less than 50 percent, they can recover from other parties.
However, if an injured party can show that any single defendant was 50 percent or more responsible for the wreck, they may not need to seek compensation from other wrongdoers. In Texas, joint and several liability means a defendant found responsible for 50 percent or more of an injury is responsible for the full extent of the injured party’s damages, even if other defendants are also at fault. The full extent of an individual’s damages includes total damages minus their own share.
When a legal team investigates fault to help establish liability, it is useful for them to prove two things. The first is that the plaintiff’s own negligence contributed to 50 percent or less of the damages. The second is that a single wrongdoer was responsible for 50 percent or more of the damages.
Talk to a Lawyer About Comparative Negligence in Houston Car Accident Claims
Many injured parties think they cannot recover if they share any responsibility for a wreck. That is simply not true.
Comparative negligence in Houston car accident claims means people can recover, even if they share blame. To learn more about the role of liability in car wreck claims, schedule a free case evaluation with a seasoned personal injury attorney.