Negligence is a legal claim available when you are injured due to someone else’s actions. This kind of claim is based on the idea that we each owe a duty to take reasonable precautions to avoid harming others through our actions. Failure to fulfill this duty can lead to liability when someone is injured as a result.
Texas law employs a specific form of negligence known as comparative negligence. In the event of an accident, comparative negligence looks at the relative fault of each person involved in the accident. This analysis can have important consequences when determining liability and compensation.
At the Wilhite Law Firm, our experienced personal injury attorneys are proud to help our clients understand their rights and secure the compensation they deserve. If you were injured in an auto accident in the Dallas area, contact us today for a free consultation.
What Is Comparative Negligence?
Negligence arises when an individual fails to take the level of care that someone of “ordinary prudence” would normally take to avoid injuring others. If someone is injured as a result, they may be owed compensation by the at-fault party.
In many cases, blame can be apportioned entirely to one party. However, what happens when more than one person is at fault for an accident? What if the injured person is partially at fault?
In most states, this is where comparative negligence comes into play. Lawyers, insurance adjusters, and courts in those states will evaluate available evidence to determine what percentage of fault can be assigned to each person involved in an accident. Compensation is then determined as a proportion of each person’s degree of responsibility for the accident.
What Is Modified Comparative Negligence?
Again, once fault is apportioned among parties involved in an accident, compensation is then determined as a proportion of each person’s degree of fault. However, comparative negligence comes in two flavors: pure and modified.
In a nutshell, pure comparative negligence allows injured parties to recover compensation even if they are 99 percent at fault for the accident. Only thirteen states use this system. By contrast, modified comparative negligence only allows injured parties to recover compensation if they are less than 50 percent at fault. A total of 32 states use this system, including Texas.
Illustrating Modified Comparative Negligence
The difference between pure and modified comparative negligence is best understood by way of example. Consider the following scenario:
You are following quite closely behind another vehicle while driving on a highway. The other vehicle is going well over the speed limit. Suddenly, the vehicle ahead of you slams on the brakes to avoid hitting stopped traffic. You go to the hospital for injuries sustained in the resulting crash. Your injuries are valued at $100,000.
Can you recover compensation? The answer to this question first depends on each driver’s comparative fault. On the one hand, the vehicle in front of them was traveling well above the speed limit, which meant they had less time to stop as they approached traffic ahead. On the other, you were driving quite closely behind them, which meant that you had little time to stop in the event they hit their breaks.
In a state using pure comparative negligence, you could recover compensation even if a jury determines that you are 99 percent at fault. Under this system, your $100,000 in damages would be reduced proportionately to your degree of fault. In other words, you would receive $1,000 in compensation after your total damages are reduced by $99,000.
By contrast, in states like Texas that use modified comparative negligence, you could only recover compensation if you are less than 50 percent at fault. If a jury finds that you were 30 percent at fault, your $100,000 in damages would be reduced to $70,000. However, if a jury finds that you are 50 percent or more at fault, you recover nothing.
Depending on the facts and evidence, establishing fault in an accident can be straightforward. However, in some cases it can turn into a highly contested issue. No matter your degree of fault, our attorneys are ready to fight for you.
How to Prove Fault in a Texas Car Accident Claim
In Texas, plaintiffs seeking compensation for injuries sustained in a car accident must prove (1) that the other driver was negligent and (2) that the other driver’s negligence was greater than their own. The evidence needed to do so will vary from case to case. Among other things, it may include the following:
- Police accident reports
- Photographs and videos taken of the scene
- Witness testimony
- Expert reconstructions of the scene
- Medical treatment records
Often, certain kinds of evidence deteriorate or disappear over time. For example, evidence of inclement weather or intoxicated driving may disappear from the scene within hours. Similarly, witnesses may remember less and less as time goes by. Therefore, the earlier you begin collecting important evidence, the better.
How Long Do I Have to File a Case for a Texas Car Accident?
No matter your degree of fault, it is essential that you file your case seeking compensation before the deadline set by the statute of limitations. In Texas, the statute of limitations for personal injuries is set at two years from the date of the accident.
Subject to very few exceptions, your case will be dismissed in court if you miss this two-year deadline. Avoid finding yourself in this situation by speaking to a personal injury attorney as soon as possible. The sooner an attorney reviews your case, the sooner they can strategize the best path toward securing maximum compensation.
Contact an Experienced Car Accident Attorney Today
Though car accidents happen every day, we do not normally consider them happening in our own lives. They can be extremely stressful and disorienting when they do. No matter your degree of fault in the accident, it is important that you understand your rights and options to secure compensation for your injuries.
The personal injury attorneys at the Wilhite Law Firm are here to help. We will evaluate your case, investigate the law, and strategize your path toward maximum compensation. Call us today for a free case evaluation with an experienced Dallas car accident lawyer.
