In Texas, you may still be able to recover compensation for an accident even if you were partly responsible for causing the crash. However, your compensation in a car accident case will be reduced by any percentage you were at fault. This area of law is known as comparative negligence. However, you can still recover compensation as long as your fault was not 51 percent or higher.
Since fault is such an important part of your accident case, it is important not to discuss fault with the other driver, the police officer, or any insurance company (yours or other driver’s) before you have discussed your case with an experienced personal injury attorney. You could make admissions that could reduce the amount of compensation you receive for damages such as medical bills, lost wages, and pain and suffering.
Here is an example. Suppose you are broadsided in an intersection by another driver who ran a stop sign. The other driver was clearly at fault. Unfortunately, a percentage of fault could be assigned to you if you made any of the following admissions:
- You were speeding.
- You failed to look both ways before entering the intersection.
- You were sending or reading a text.
- You were drinking.
Insurance company adjusters are experienced at getting people to make admissions that will reduce the value of their claim. Once you hire our lawyers to represent you, we will speak to the insurance company on your behalf.
Our lawyers will carefully review the facts of your case and protect your interests at every phase of your case, including determining comparative negligence.