Accidents can be complicated. Many factors can contribute to a car accident. There are times when more than one person is at fault. In some cases, a victim in an accident may share some of the blame. So what happens when multiple people contribute to an injury-causing accident? How is fault determined? Who is liable for injuries? Can you still get money if you’re injured but also played a role in causing an accident? Talk with a car accident injury attorney today to get answers regarding your unique case.
Negligence is the Leading Cause of Car Accidents
Negligence is the leading cause of accidents in Austin. Negligence means that someone had a duty to act in a certain way, but didn’t. Examples might include texting and driving or speeding. Sometimes, multiple people are negligent and contribute to an accident. This is when Texas’ modified comparative fault rule applies.Texas Modified Comparative Negligence Law
Under the Texas modified comparative negligence standard, you are allowed to sue for damages even if you are partially at fault for the accident. However, if you are found to be mostly responsible for the accident (50% or more), you cannot recover any damages.What is Comparative Negligence?
Comparative negligence laws dictate what happens when multiple people are responsible for an accident. In simple terms, comparative negligence means that:- Multiple people can be liable for damages resulting from an accident.
- You are not barred from recovering compensation just because you contributed to your accident.
How Comparative Negligence Can Affect Your Financial Award
So, you can recover compensation after an accident as long as you are no more than 50% to blame. However, it’s important to understand that your role in causing the accident will affect your financial reward. Just because you reserve the right to ask for compensation doesn’t mean that you’ll be able to get it all. Under comparative negligence rules, your ability to recover compensation is reduced by your degree of fault. Here’s an example. Let’s say you are involved in a car accident in Austin, TX. You’re attributed 25% of the blame for the crash. Between medical bills and lost wages, you’ve incurred about $40,000 in damages. When you seek compensation from other parties, your award will be reduced by 25%. You’ll only be able to recover 75 percent of your damages, or $30,000.Understanding Your Liability to Others
Did someone else get hurt in your accident? You might be on the hook for damages. Under comparative fault rules, anyone who contributes to an accident can be liable. This is true even if you were injured in the crash. You’ll be liable to the degree to which you caused the accident. Again, let’s say that you were found to be 25% responsible for a car accident. You weren’t the only one who was injured. Another person also sustained $40,000 in damages because of the accident. Since you were 25 percent at fault, you’ll be liable for 25 percent ($10,000) of their damages. It’s important to speak with an experienced personal injury lawyer in Austin if you’ve been involved in an accident. Others involved in the accident will try to shift some (or all) of the blame to you. You’ll need an attorney who knows how to protect you from these claims and minimize your role in the accident. The less fault you share, the more money you’ll be able to get.