Texas uses a fault system to determine who must pay the costs related to a car accident -- the person who was at fault in causing the accident can be held liable for the damages he or she caused. Through either an out-of-court settlement or through proving a case in court, the injured victim can recover compensation from the at-fault party.
Sometimes there is more than one person responsible for a crash where more than one of the drivers involved in the wreck did something negligent or careless that contributed to the accident. In these situations, the driver who was less at fault might still be able to recover compensation from the driver whose negligence played a bigger role.
At Roberts & Roberts, our Texas auto accident attorneys have extensive experience with partial-fault accidents. If you believe that you might be only partially to blame in a Texas car accident lawsuit, give us a call today to schedule a free consultation and learn more about how we can help.
About Texas Partial-Fault Accidents
Determining who caused a car crash is essential because that party is considered legally liable and can be required to pay damages. In some cases, determining who was at fault is straightforward. In a lot of other cases, there may be multiple parties who share varying degrees of responsibility for the accident.
Texas uses a modified comparative fault system to determine who can recover damages when more than one driver is at fault in a car accident. Under this system, a person can recover damages from another driver if the other driver was more than 50 percent responsible for the accident. For example, this means that if you were 49 percent at fault for your accident and the other driver was 51 percent responsible, then you could be entitled to compensation from the other driver. On the other hand, if you were 51 percent responsible and the other driver was 49 percent responsible, you would not be able to recover damages.
In a comparative fault system, your damages are reduced by the amount of fault that is attributed to you. For example, if you suffered $10,000 in damages and you were 10 percent at fault for the accident, your damages would be reduced by 10 percent. You could recover $9,000 from the other party in this example, instead of the full $10,000.
Partial-fault accidents in Texas are legally complex because it can be difficult to find an objective measure to apportion fault for a car crash. An experienced legal advocate can help you gather the proof of fault that you need so you can obtain fair and just compensation for your car accident injuries.
At Roberts & Roberts, our Texas partial-fault accident attorneys have extensive experience helping injured victims get the compensation they deserve in these complicated situations. We can help you assemble the evidence you need, including testimony from accident reconstruction experts and others, to help you recover the maximum compensation you are entitled to.
Contact Our Tyler and Longview Car Accident Lawyers Today
Contact us at 903-597-6000 or fill out our online contact form for a free review of the facts of your case. We represent clients injured by distracted drivers in Tyler, Longview and surrounding communities.