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How Does Texas Handle Modified Comparative Negligence?

airbags in a car after a crash

Far too often, drivers make the mistake of believing that they hold fault in an accident, so they cannot pursue compensation. In the state of Texas, how much fault you have may modify your recovery, and the only way you are not entitled to any recovery is if you are more than 51% responsible for the accident.

Texas operates on a modified comparative negligence concept. If you hold some of the fault in an accident, you may still pursue compensation, but how much you recover can change. Here’s how it works:

You’re involved in a car accident and you appear to be 20% at fault. The other driver holds the other 80%. Your case goes to trial, and the jury awards you a $200,000 verdict. If the jury finds you are 20% at fault, though, your contribution to the crash reduces your recovery by that amount. In the end, you may only recover $160,000 for your damages ($200,000 minus the 20% or $40,000).

Why It’s Important to Have Legal Counsel

Of course, after a car accident, you may feel the need to apologize, and that’s okay. Be aware that any recorded statement you give to an insurance company may be used against you in the future. Similarly, as a plaintiff, you have the burden of proof to show that you were less than 51% at fault, and insurance companies may use your statements to indicate blame.

Hiring a lawyer can help you with this endeavor, using the evidence available to build a strong case on your behalf.

Never assume that you cannot obtain compensation. Make sure you speak with an attorney about your accident’s details to learn if you can recover compensation and how much.

At Scott Law Firm, we use tenacity, skill, and experience to provide you with the voice you need against negligence. Our Conroe car accident attorneys commit to providing you the highest level of legal care in all matters to pursue the most favorable outcome possible.

Call our firm today at (936) 243-4299 for a free consultation.