After a car accident, you may not understand the critical role fault plays in your ability to recover monetary compensation for your damages if you bear any degree of fault for the collision. In the U.S. each state follows a negligence system when awarding damages. Depending on which negligence doctrine your state observes, you may be barred from receiving compensation for your economic and noneconomic losses if you contributed in any way to the accident that caused your injuries. States either apply comparative negligence or contributory negligence rules. Keep reading to learn whether Texas follows a comparative negligence system when awarding damages after a car accident and discover how a proficient Corpus Christi, Texas Car Accident Lawyer can help you understand your legal options.
How does contributory negligence work?
Only a small number of states observe the contributory negligence doctrine when awarding damages. Under the contributory negligence system, you cannot receive compensation for your losses if you bear any degree of fault for a collision. As a note, even if you are found just 1% liable while the other party is found 99% liable for the collision, you will be barred from recovering monetary compensation for your economic and noneconomic damages. Essentially, if you are injured in a car accident and you are found to have contributed to the cause of the collision in any way, your ability to recover compensation for your losses will be diminished.
How does comparative negligence work?
Like many states, Texas observes the comparative negligence doctrine. Under this negligence system, despite having contributed to the cause of a collision, you can still recover compensation for your economic and non-economic damages. However, your award will be reduced by your percentage of fault. For instance, if you are found to be 15% at fault for a collision, you will only be able to recover 15% of your losses. Texas is not a pure comparative negligence state. Rather, it is a modified comparative negligence state. Under a modified comparative negligence system, you can recover compensation only if your negligence for the cause of the accident was less than the defendant’s negligence. Essentially, if you were more than 50% to blame for the collision, you will not be able to receive compensation for your damages. However, if you are less than 50% at fault for the cause of the accident, you can receive a reduced award.
For more information on the comparative negligence doctrine, please contact a determined Corpus Christi, Texas car accident lawyer. Our firm is prepared to help you seek reasonable compensation for your damages. Allow our firm to fight on your behalf today!