After a car accident, you may question whether you did something wrong. The insurance company may also point to your actions to argue you’re more at fault. But sharing some responsibility does not automatically kill your claim. As a car accident claim lawyer in Houston, Ryan Nguyen can review what happened and challenge fault allegations the evidence doesn’t support.
Before you accept the insurer’s assessment or give up on pursuing compensation, contact Ryan. He can explain how Texas law handles shared fault at a free consultation.
Can You Recover Compensation if You’re Partly at Fault in Texas?
If you believe you were partly at fault for the crash, you may still have a path to recover compensation. To understand how fault affects your claim, we need to look at Texas negligence law.
Texas uses a modified comparative negligence system, often called the “51% bar rule.” State law calls this system “proportionate responsibility.”
Under this rule, you may recover damages only if you’re found 50% or less at fault. Your recoverable damages will be reduced by your assigned percentage of responsibility.
However, if you are more than 50% responsible, you cannot recover damages from the other responsible parties in a negligence claim arising from the crash. Being exactly 50% responsible does not automatically bar recovery.
How Shared Fault Can Affect Your Compensation
Let’s look at some hypothetical situations to better understand how fault can affect your personal injury claim. Let’s start with the award itself. Suppose a jury finds that your damages total $100,000 and that you are 20% responsible. The court would reduce those damages by 20%, leaving $80,000 before any other applicable reductions or limits.
To better understand when multiple drivers share fault, let’s look at some hypothetical accidents:
Speeding when another driver runs a red light or stop sign: The other driver’s failure to yield may have caused the collision, but your speed could also have contributed to the crash or its severity.
Driving distracted when another driver makes an unsafe maneuver: You briefly look away from the road while another driver enters your path.
A multi-vehicle crash with several responsible drivers: Responsibility may be divided among multiple people, based on the facts of the crash.
In any of these situations, you may still recover damages even if you contributed to the crash, as long as your share of responsibility is 50% or less. However, once you hit 51%, you can’t get compensation from the other people responsible for the crash.
Keep in mind this is strictly hypothetical, and how fault applies to your accident depends on the facts. Car accidents happen in real time, introducing more complications than these brief examples suggest. Several actions may happen within seconds, and determining each driver’s contribution requires a closer look at the evidence.
Regardless, insurers may claim you are partly responsible. In fact, they may try to place as much responsibility on you as possible to justify reducing or denying payment on your claim. That’s why you should contact a car accident claim lawyer in Houston, like Ryan Nguyen, to help you build a strong claim.
How a Car Accident Claim Lawyer in Houston Can Challenge Fault Allegations
You don’t need to simply accept an insurer’s accusation. Instead, you should call a car accident claim lawyer in Houston, like Ryan Nguyen.
As a car accident claim lawyer in Houston, Ryan Nguyen can gather evidence to investigate what happened. Here are some pieces of evidence he may access as he builds a case:
- CR-3 crash reports
- photographs
- video
- witness statements
- vehicle damage
Ryan may also focus on how the alleged mistake contributed to the collision or injuries. When the facts support it, he will identify ways to challenge unsupported allegations.
Speak to a Car Accident Claim Lawyer in Houston for FREE
Don’t assume you don’t have a case just because you may have contributed to the crash. Your actual share of responsibility matters, and an insurance company’s accusation does not settle that question. A car accident claim lawyer in Houston can review the evidence, explain how shared fault may affect your claim, and help you understand your options.
Book a free consultation with Ryan Nguyen, The Falcon, to discuss what happened and whether you can pursue compensation. Don’t pay unless we win!
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