Who was at fault? It’s the most basic, and most important, question that must be answered if you have been in a car accident. The person who is at fault is the person whose negligence caused the accident – and the person who is going to have to pay for the damages. Sounds pretty simple, right?
Well, sometimes fault can be a tricky thing. It is not uncommon for both drivers to have played a role in causing the car accident. When a victim’s own actions contributed to their accident, it’s known as contributory negligence. The question that must then be decided is whether the victim’s contributory negligence should prevent them from being able to recover damages.
To answer that question, Texas uses the proportional comparative fault at 51% rule. If you are involved in a car accident in Texas, you cannot recover damages from the other party if you are 51% or more at fault for the accident. The proportional degree of fault is usually decided by the insurance company adjusters.
You do not have to go through the insurance claim adjustment process alone. An experienced Texas personal injury lawyer can go to work for you to ensure that all of the evidence of fault is fairly and accurately presented. If you have been involved in a Texas car accident, contact Fears | Nachawati today to help ensure your ability to recover damages from the responsible party.
To receive free legal advice about your car accident, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.
