Can You Collect Compensation if You Were Partially Responsible for a Car Accident?
- posted: May 02, 2022
When one party is fully responsible for causing a motor vehicle accident, that party must pay the other’s injuries and damages. However, both motorists can be partly responsible for an accident. When this occurs, the question of who may obtain compensation often arises. Accident cases can be complex.
When an injury case goes to trial in Texas, state injury law directs that any award of damages must be reduced by the percentage the claimant is at fault. For example, assume that the claimant suffered $100,000 in damages and was found 25 percent liable for the accident. In that case, the payout would be limited to $75,000, or 75 percent of the total losses.
The Texas fault system does, however, have a limitation on comparative claims. A motorist who is more than 50 percent at fault for the accident cannot collect any compensation at all. So if a motorist has $100,000 in losses from the accident, but he or she is 65 percent at fault, they cannot prevail in a claim against the other driver.
Determining fault percentages is not always easy. First, not every act of misconduct on the road counts as a fault for liability purposes. The fault must be a contributing factor in causing the accident. For example, if one motorist rear-ended a car sitting at a traffic signal, but the car sitting at the traffic signal had no lights on at dusk, that might be considered a contributing cause of the accident.
Anyone with a vehicle injury claim should seek the advice and counsel of an experienced auto accident attorney to protect their rights to compensation, as even those partially at fault may still be able to obtain payments.
Located in Cleburne, Texas, the Leland Reinhard Law Firm has represented thousands of auto accident victims. I thoroughly investigate, evaluate and pursue auto accident claims vigorously and diligently. If you or a family member has been injured in a motor vehicle accident, feel free to contact us or call 817-645-5400 for an initial consultation.