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The Percentage of Fault and Your Claim

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After a car accident, it’s crucial to determine who is at fault. Percentages can play a factor in how much a person can recover because of Texas’s 51% bar rule. This rule dictates when someone can recover compensation or if they’re ineligible to do so for their damages.

Here’s what you need to know about Texas law and your ability to file a claim after a crash.

Modified Comparative Negligence

Texas courts will look at the evidence from your crash to determine how much fault each party holds. If the plaintiff is considered partially at fault for the accident, their percentage of fault can reduce how much they may recover. For instance, if the court determines the plaintiff was 30% at fault for the crash, they may only recover 70% of what they expected.

In Texas, there’s a 51% bar rule to consider. If someone is more than 50% at fault for the accident, they cannot recover compensation.

Personal Injury Protection Coverage

Insurance companies offer personal injury protection coverage. It covers up to $10,000 in damages when the policyholder suffers injuries in a car accident. The best part about PIP coverage is it doesn’t look at fault. You can hold any percentage of fault for the accident and still receive this compensation to help with your damages.

All drivers will have this coverage as part of their policy unless they decline it.

When proving fault and liability, it’s crucial to have a lawyer. Legal counsel can provide a full investigation into the accident and its causes. With the right information and evidence, a lawyer can help determine fault and prove it in court to pursue compensation. In terms of pedestrian accidents, proving a percentage of fault is imperative when moving forward with a claim.

At Scott Law Firm, we work with accident victims to pursue the compensation our clients need when they need it most. Our Conroe car accident attorneys aim to provide every client with the utmost respect and care when insurance companies try to take advantage of their rights.

For your free consultation, call us at (936) 243-4299 today.