In Texas, you can still pursue a claim if you were partially at fault for your car accident. However, any compensation you recover will be reduced according to your percentage of responsibility for the crash. If you share the majority of the fault, you may not be able to seek damages at all.
Texas follows a modified comparative negligence law, which can make recovering compensation after an accident tricky. A car accident lawyer with our firm can protect your right to pursue financial losses after a collision.
How Car Accident Claims Work in Modified Comparative Negligence States
According to Texas’s modified comparative negligence laws, outlined in Texas Civil Practice and Remedies Code § 33.001, you can seek compensation for a personal injury as long as your degree of fault for the accident is less than 50 percent. However, your awards will be reduced accordingly. For example, if you have $100,000 in car accident damages but get assigned 20 percent fault, you could receive $80,000 in damages.
You cannot pursue awards from other liable parties if your percentage of fault is greater than 51 percent. Some states have a pure comparative negligence system, which allows injured parties to seek damages no matter their percentage of fault.
Modified comparative negligence laws will apply whether you pursue damages through an auto insurance claim or a lawsuit. Therefore, insurers often look for reasons to assign you blame to reduce their financial liability. A personal injury lawyer with our firm can stand up to allegations designed to minimize your settlement or deny your claim.
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Damages You Can Recover as a Car Accident Victim
If you fall under the fault threshold, you can pursue economic and non-economic damages after a Texas car crash. Recoverable compensation may include the following:
- Medical bills. You can seek compensation for current and ongoing medical treatment. Medical damages may include the cost of emergency transportation and treatment, hospital stays, doctor’s appointment fees, physical therapy, medications, mobility aids, and extended nursing.
- Lost income. You can recover income, earnings, and employment benefits lost due to your car accident injuries and recovery. If you suffered a permanent or disabling injury that forces you to change jobs, reduce your hours, or leave the workforce, you can seek compensation for your lost future earning capacity.
- Vehicle damages. You can pursue the cost of repairing your vehicle. If the damages are a total loss, you can seek its fair market value.
- Non-economic damages. You can seek monetary awards for physical pain, mental and emotional distress, loss of enjoyment, and quality of life reductions.
- Wrongful death. If your loved one suffered a fatal crash injury, you can seek damages such as lost income, lost household services, mental anguish experienced by surviving family members, and lost love, companionship, and society.
Proving Liability to Recover Compensation for Your Car Accident Claim
To secure an insurance settlement or win your car accident lawsuit, you will need to prove that another party acted negligently and caused your collision. Negligent behaviors that may result in a car accident include the following:
- Driving drunk
- Running a stop sign or stop light
- Failure to yield
- Drunk driving
- Aggressive driving or road rage
- Distracted driving
- Texting while driving
- Making an improper turn
- Following another vehicle too closely (tailgating)
- Traveling in the wrong lane
Proving that a careless, reckless, or wrongful action led to your injuries and losses will require you to build a solid case based on evidence. Our law firm can obtain police reports, medical records, and other documents to prove who is at fault. We will also speak with eyewitnesses, consult with experts, and do any additional work necessary to establish liability and strengthen your claim for compensation.
Your Personal Injury Attorney Can Determine the At-Fault Party After a Motor Vehicle Accident
In most cases, auto accident liability rests with a negligent driver. But, sometimes, there may be another at-fault party or even multiple parties you can pursue a claim against, including:
- A driver’s employer
- A rideshare company or taxicab company
- A vehicle or auto parts manufacturer
- A mechanic or maintenance garage
- A property or roadway owner
Remember, you can pursue a claim even if you are partially at fault for a car accident as long as your degree of responsibility falls below 50 percent.
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What Is the Car Accident Lawsuit Statute of Limitations in Texas?
You should get started on your car accident insurance claim immediately. Investigating a collision, proving negligence, and negotiating a fair settlement can take time. It can take even longer if the insurance company drags its feet, plays hardball, or engages in bad-faith tactics.
If you cannot secure the compensation you need and deserve through a settlement, you can file a personal injury lawsuit for damages. According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file a personal injury or wrongful death lawsuit. If this deadline passes, the court will likely refuse your case.
How Can a Personal Injury Lawyer Help With Your Car Wreck Case?
A personal injury lawyer with our firm can take the burden of your car accident claim or lawsuit off your shoulders, allowing you to focus your time and energy on healing. Our legal team can:
- Investigate your accident and collect evidence
- Determine who is liable for your collision
- Identify and calculate your damages
- Draft and file your car accident insurance claim
- Aggressively negotiate for fair compensation
- Defend you from allegations of negligent or wrongful behavior designed to reduce the liable party’s financial liability
- Manage deadlines
- Prepare your claim for civil court and represent you during a lawsuit if necessary
- Keep you informed with frequent and timely updates
Contact Loncar Lyon Jenkins for Help With Your Car Accident Claim
You can still pursue a claim if you are partially at fault for a car accident, and Loncar Lyon Jenkins can help you. An experienced attorney with our firm can stand by your side through every step of your case, including advocating for you at trial if necessary.
Contact us today for a free consultation. A team member can tell you more about your legal options and how we can represent you for nothing upfront or out of pocket.