If you have been injured in an accident in Texas that involved multiple negligent parties, you may still be able to recover damages even if you were partially at fault. However, Texas follows modified comparative negligence rules that can limit or eliminate your compensation depending on your degree of responsibility.
Navigating comparative negligence claims in order to maximize your recovery takes specific legal knowledge and experience. Having a skilled personal injury lawyer in Pearland TX on your side levels the playing field and protects your rights every step of the way.
Comparative negligence laws in Texas do not bar you completely from seeking damages just because you share some of the blame. But the state does use the restrictive 51% rule, which cuts off all recovery if you are deemed more than 51% negligent. It is crucial to understand how this works so you can pursue the maximum amount you deserve.
What is Comparative Negligence?
Comparative negligence refers to laws that allow for the reduction of damages awarded to an injured plaintiff based on their percentage of fault in the accident. Previously, Texas followed traditional contributory negligence rules which barred any recovery if the plaintiff was even 1% at fault. However, in 1973 the state transitioned to a modified comparative negligence system.
Now, an injured person can still recover damages even if they were partially responsible, but there are limits depending on their degree of fault. Understanding how comparative negligence works in Texas is important for anyone pursuing a personal injury claim.
Texas’ Modified Comparative Negligence Rule (The 51% Bar)
Texas employs a 51% modified comparative negligence rule. So, an injured plaintiff cannot recover any damages if they are found to be 51% or more at fault for the accident. However, if their share of fault is 50% or less, their damages will be reduced by their percentage of fault.
For example, if you are awarded $100,000 in damages but were found 25% at fault, your recovery would be limited to $75,000. But if you are more than 51% responsible, you recover nothing. This is referred to as the “51% bar”.
How Fault is Determined in Texas
In comparative negligence cases, the court or jury must apportion percentages of fault between the plaintiff and defendant(s) involved in the accident. To determine each party’s degree of fault, the fact finder will consider:
- The nature of the conduct and risks taken
- The degree of care exercised
- The ability to anticipate and avoid the injury
- Knowledge of the situation
- Any failure to follow laws, regulations, or industry standards
- Evidence of intoxication or impairment
- Expert testimony on standards of care
Even a plaintiff’s failure to mitigate damages or seek timely medical treatment for injuries can be considered when attributing fault.
Proving Negligence
To recover damages in a personal injury case, the burden is on the plaintiff to prove:
- The defendant owed them a legal duty of care
- The defendant breached this duty through negligent actions
- This breach caused the plaintiff harm/losses
If multiple parties share liability, the plaintiff must show how every defendant was negligent and how that negligence directly contributed to the accident and injuries.
How Comparative Negligence Affects Your Claim
Comparative negligence can significantly reduce the compensation you receive for losses like medical bills, lost income, pain and suffering, and other damages. For instance, with $100,000 in damages and 20% contributory negligence, you would receive $80,000.
With the 51% rule, close calls around the 50/50 fault mark become very important. Being deemed even slightly more negligent than the other party wipes out your entire claim. Working with an experienced Pearland personal injury attorney levels the playing field.
Examples of Comparative Negligence in Different Accident Scenarios
Comparative negligence frequently comes into play in cases like:
- Vehicle accidents – Factors like speeding, distraction, intoxication, ignoring traffic signals, and failure to yield can be argued as comparative negligence.
- Premises liability cases – If you trip on a wet floor, the business may argue you weren’t paying adequate attention. But they may share fault for not placing warning signs.
- Medical malpractice – A doctor may argue you contributed to surgical complications by not disclosing health conditions, but they could also be liable for errors.
- Defective products – The manufacturer may claim you misused the product, while design defects may also have caused your injuries.
- Workplace accidents – Employers often try to shift blame to the employee by alleging safety protocol violations. But lack of training or defective equipment could also be at play.
- Slip and fall accidents – Property owners may claim you were not watching where you were going. But poor lighting, lack of handrails, or unsafe surfaces may share the blame.
Why You Need a Lawyer in Comparative Negligence Cases
Comparative negligence introduces complex legal and tactical considerations that can undermine your claim if they are not handled correctly. An experienced personal injury lawyer can protect your rights by:
- Investigating fault and building your claim against all negligent parties
- Challenging unreasonable assertions of contributory negligence
- Negotiating with insurance carriers to maximize your settlement
- Advocating for a fair apportionment of fault at trial
- Working to overcome the 51% rule and secure the best possible result
Recovering damages becomes very difficult without legal representation.
Multiple Parties and Comparative Fault
It is common for multiple defendants to share liability in personal injury cases. Texas allows you to pursue compensation from any party whose negligence caused your damages. Each defendant is only responsible for their allocated percentage.
This is why thoroughly investigating fault and identifying all potential defendants is critical. Skilled attorneys know how to navigate cases involving multiple negligent parties in Texas.
How Karns & Karns Personal Injury and Accident Attorneys Can Help
If you have suffered injuries in any type of accident caused by negligence in Texas, never assume you are out of options just because you may share some degree of fault. The experienced team of injury lawyers at Karns & Karns will carefully evaluate your claim and help you overcome the pitfalls of comparative negligence. We leverage our negotiating power and litigation experience to maximize your compensation.
To set up a free case review or discuss your options, call us anytime at 800-4THE-WIN (800-484-3946). Our attorneys are here to help you move forward and pursue the most favorable outcome possible.
