Car accidents are stressful, even when it’s clear who is at fault. Collisions where blame is shared or is more challenging to assign are incredibly overwhelming to navigate. You may wonder if you can even recover compensation if you are partially to blame or fear the other driver’s insurance company will try to manipulate the situation to make you appear more responsible than you are.
In Texas, you can receive compensation even if you are partially responsible for the accident, provided you are less than 51% at fault. Working with an experienced car accident attorney offers you the best chance to pursue compensation for the injuries and vehicle damage you received in the collision.
In an accident where you hold some fault, your ability to file a successful claim depends on your ability to prove that you were the least responsible out of the liable parties. Texas follows the moderate comparative negligence doctrine, which means that if you are partially at fault for the accident, how much compensation you receive is reduced by your fault percentage. However, you cannot collect damages if you are more than 50% responsible for the car accident.
For example, if you are in a car accident that is primarily the other driver’s fault, but you are determined to be 10% to blame for the accident, your total compensation will be reduced by 10%. That means if your personal and property damage totals $50,000, you can only receive $45,000 because your settlement amount is reduced by your percentage of fault (10%).
A handful of states follow the doctrine of contributory negligence. This doctrine prevents you from collecting any compensation if you are even one percent at fault, regardless of how much responsibility you hold.
Since Texas does not follow this law, drivers in the lone star state are luckily exempt from this doctrine, and as long as they hold less than 51% fault in an accident, they can pursue compensation, even if they are found partially at fault in a car accident. A Texas driver with less than 51% fault in an accident can seek compensation for medical expenses, future medical expenses, lost wages, and vehicle damage.
If you are in a car accident where you and the other driver are partially at fault, you will want to proceed carefully. The percentage of fault you hold will determine if you can recover damages and the amount you will receive.
Regardless of who is at fault, there are specific actions you should always complete if an accident occurs, such as calling the police so that they can file a police report. You will also want to ensure that any injured accident victims receive medical attention and that all vehicles are moved out of the path of oncoming traffic.
Exchange information with the other driver or drivers, including your name, phone number, and insurance company contact information. When the police arrive on the accident scene, do not admit fault if the other driver attempts to claim you are at fault for the accident.
Strictly detail the facts about the accident and let professionals determine who is responsible. Even if the collision involves multiple other drivers, and one driver is determined to fabricate an untruthful story, don’t get caught up in an argument.
Stay composed and confident while sharing the truth. The police and insurance companies can determine what percent at fault you and the other drivers are for the accident. Even if the other driver is boldly lying, stay calm: video evidence, an analysis of the position of the vehicles and their damage, cell phone records, witness statements, and other evidence will help your lawyer prove what happened.
Recovering compensation when you are partially responsible for an accident will be challenging without an experienced attorney. The other party and their insurance company will be motivated to not only prove that you are partially at fault but that you hold the greater percentage of fault for the car accident.
Your attorney will gather evidence, such as witness statements and the accident report, to prove you are less than 51% at fault for the collision. They will help you claim compensation for injuries you received in the crash, property damage, lost wages, and future loss of earning capacity.
If the insurance company covering the person at fault refuses to compensate you or protests the fault determination of the collision and offers you a subpar settlement, you may have to file a lawsuit. Again, you’ll want to work with a personal injury attorney to file the lawsuit, and they will guide you through the legal process and communicate with the other party throughout the filing.
Since the financial fallout of an accident can have a significant impact on your future, you’ll want to talk to a lawyer immediately following your collision. When you work with a lawyer from the start, they will file the claim against the insurance company, handle compensation negotiations, and go to court on your behalf if needed.
Seeking compensation alone while trying to recover from an injury doesn’t set you up for a successful resolution to your unpleasant situation. Filing a lawsuit requires extensive legwork and a strong understanding of personal injury law.
Instead of attempting to learn the nuances of Texas car injury laws while you’re healing from your injuries, schedule a free legal consultation with a skilled accident lawyer. Ensure the liable parties are held responsible, and you don’t end up with less compensation than you should receive.
Despite how friendly the other party’s insurance company may seem, they aren’t looking out for your best interests. They want you to be the at-fault driver so that they can avoid paying you the compensation you deserve.
The insurance adjuster may try to get you to admit primary fault or inadvertently downplay the severity of your injuries. It isn’t personal; it’s business, which means you’ll want a legal professional representing you.
Don’t be left holding all the blame for an accident you’re only partially at fault for causing. An experienced attorney will help you collect evidence proving how much fault you truly hold and pursue reasonable compensation for your injuries and damage to your vehicle.
Protect your rights after a car crash. Contact Brian C. Gutierrez, PLLC, at 979-271-5338 to schedule a free consultation to discuss the details of your case today.
If you have been injured in a car accident in College Station, Bryan, Madisonville, Huntsville, Buffalo, Caldwell, Navasota, Buffalo, Rockdale, Hempstead, or Brenham, it is important to speak with a lawyer who can help you understand your rights and guide you through the claims process. At the Law Office of Brian C. Gutierrez, Attorney Brian Gutierrez is committed to providing personalized legal services for victims of car accidents. When you work with our firm, you are working directly with Attorney Gutierrez. Our clients are like family—contact us today to schedule a consultation and learn more about the services we offer.
Get a free case evaluation