What is Texas’ Modified Comparative Negligence Law?

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If you have endured injuries in a car accident, even if you were partially at fault, you are still entitled to receive financial compensation to properly heal. Find out how Texas’ car insurance policy and modified comparative negligence law may play in your favor, and how a proficient Tyler, TX car accident lawyer can help you build your case.

How does car insurance work in the state of Texas?

Texas is an at-fault state, which means you may file an insurance claim or personal injury claim against the at-fault driver. Furthermore, every driver can be held liable for any damages and injuries, such as medical bills and loss of wages, they cause in a car accident.

What is Texas’ modified comparative negligence law?

With this modified version of comparative negligence, if more than one party is found to be at fault for a car accident, your damages are reduced by a percentage that directly reflects your share of fault.

For example, if the jury awards you $100,000, but finds you 20% to blame, you are entitled to $80,000. However, it is important that if you are more than 50% responsible for the car accident, you will receive nothing, i.e. $0.

Who is at fault and how is it determined?

Among other factors, the percentage of fault is based on to what extent each driver violates traffic laws and therefore shows negligence. Some examples read as follows:

  • Hitting a car from behind.
  • Running a red light, turning at a no-turn on red, speeding, or otherwise ignoring traffic signs.
  • Displaying a level of impairment due to drugs or alcohol.
  • Failing to keep a proper lookout due to distracted driving.

Additionally, to file a valid negligence claim in Texas, you must argue the below:

  • Duty of care: a driver has the duty to follow traffic laws and drive safely.
  • Breach of duty: a driver causing a car accident might have breached their duty to drive safely and obey traffic laws.
  • Causation: you then have to show that the person’s breach of duty caused your injury.
  • Damages: you have to prove that your accident caused you to endure damages.

If you need assistance with collecting this proof, do not hesitate in reaching out to a talented Tyler, TX auto accident attorney today.

Contact our experienced Smith County, Texas firm

There are few things more jarring and disturbing than being wrongly injured in an accident. Our firm understands how difficult it can be to recuperate after a serious accident, which is why we are here to help you through the legal process, every step of the way. If you or a loved one were injured in an accident due to another party’s negligence, you need a skilled attorney on your side. Contact J. Chad Parker, PLLC today for an attorney who is ready to fight for the compensation you deserve.