Texas Comparative Negligence Laws in Personal Injury Claims
Personal injuries occur due to a wide range of causes and factors. Every year, millions are injured in hazardous situations like car accidents, workplace accidents, unsafe premises, pedestrian accidents, and more.
Sometimes, accidents are clearly the fault of one person. Other times, liability is more complicated. In Texas, however, the way you recover compensation may be different than in other states due to its unique Comparative Negligence law.
Call Thompson Law today if you were injured in an accident and are partially at fault. We understand the complexity of comparable negligence cases and will work to get you the compensation you deserve.
Texas Car Accident Statistics
Being in an accident can be confusing and overwhelming. You likely have numerous questions and concerns if you or a loved one were recently injured. A Texas personal injury attorney can assist if you were involved in a car accident, 18-wheeler accident, or pedestrian accident. Unfortunately, these types of disasters are all too common in Texas.
In the state of Texas:
- 2020’s fatality total was the highest in 30 years
- On average, more than 11 people die each day in traffic-related accidents
- 3,896 people killed in auto accidents in 2020
- 3,556 people had died by November 2021
- Texas has had daily traffic fatalities for 21 years
After your crash, you might wonder how to cover medical costs, who is at fault, and what to do about lost wages. The team at Thompson Law can help you navigate these complicated issues, starting with your free consultation.
What is Comparable Negligence?
When multiple parties share liability for injuries sustained in an accident, it’s called comparative negligence or comparative fault. Texas’s comparative negligence laws let courts hold people accountable for their percentage of fault – or their “proportionate responsibility.”
In terms of compensation, proportionate responsibility might look like this:
- You are awarded $100,000 as a result of your personal injury claim
- The court finds you 30% responsible for your injuries
- You receive only $70,000 of the original $100,000 in compensation
If you are found to be more than 50% responsible for the injuries sustained in your accident, you are not entitled to receive any compensation in the state of Texas. At Thompson Law, we know how confusing comparative negligence laws can be. Fortunately, our skilled attorneys have years of experience with personal injury accidents that involve shared fault.
Examples of Comparative Negligence
In each of the instances below, there is shared fault. Texas Comparative Negligence Laws exist to help determine liability, but shared liability is tricky, and it’s ultimately up to the courts to decide percentages of fault.
- Driver A turns without signaling. Driver B, following too closely behind vehicle A, causes a collision.
- A pedestrian suddenly runs into the road without warning and is hit by a truck that is driving well over the speed limit.
- A customer in a restaurant is texting on their phone when they slip and fall on an unmarked spill.
- Driver A makes a left turn and hits driver B who is speeding. In this case, Driver A is likely to be found majority at fault for making an unsafe turn, while driver B shares responsibility for speeding.
The Importance of Evidence in Comparative Negligence Laws Cases
According to Texas comparative negligence laws, the evidence is crucial, a personal injury case is not the exception. And meticulously collecting evidence is never more essential than in comparative negligence laws cases where every percentage point counts. A skilled personal injury lawyer can help gather evidence to prove you are not more than 50% accountable for your injuries.
Evidence in a comparative negligence case might include:
- Witness statements
- Accident reports
- Medical records
- Your diary
- Photos and videos, including from nearby surveillance cameras
Texas Personal Injury Attorney Areas of Practice
Personal injury covers a range of accidents and damages that result in physical, mental, and emotional harm. While auto accidents are the most common, Thompson Law is experienced with all types of personal injury claims.
We can help with the following:
- Auto accidents
- Workplace accidents
- Medical malpractice
- Dog bites
- 18-wheeler accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Wrongful death
- Nursing home abuse
- Premises liability
- And more
How Can a Texas Personal Injury Lawyer Help?
Determining fault in comparative negligence cases can be incredibly complex. And when you share responsibility, insurance adjusters could try to bully you into taking a low payout or none at all. But in Texas, you are entitled to seek compensation if you are less than 50% responsible for your injuries.
A Texas personal injury lawyer will help by:
- Acting as your advocate – Your consultation is free, and we do not collect a fee unless we win your case. Our interests align with yours, and we want to ensure you get a fair payout.
- Determining fault/liability – Proving fault can be extremely challenging. But a seasoned Texas car accident lawyer has years of experience collecting evidence, interviewing witnesses, and establishing responsibility.
- Evaluation damages – Our expertise and experience uniquely qualify us to assess monetary damages like physical pain and suffering, healthcare expenses, future medical bills, lost wages, and more.
At Thompson Law, we know how devastating a car crash can be for you and your family. Our auto injury attorneys are here to discuss the details of your case so you can understand your rights. Our goal is to let you focus on healing and recovery so you can get your life back.
Contact An Experienced Texas Car Accident Lawyer Today
After your accident, you might feel overwhelmed by stress and obligations. Whether you are dealing with lost wages, emotional distress, physical pain, or all of the above, a Texas car accident lawyer can help.
Remember, we do not collect any compensation until you win. Our legal experts are here 24/7 to assist with your case so you can focus on recovering from your injuries. We are happy to answer any questions during your free case evaluation.
Texas Personal Injury Attorney FAQ (Frequently Asked Questions)
What is a Texas personal injury attorney?
A Texas personal injury attorney practices personal injury law. They handle auto accidents, truck accidents, workplace accidents, slip and fall accidents, and much more. A personal injury lawyer can help you recover compensation for damages and losses like medical bills and lost wages.
What is comparative negligence?
Comparative negligence is a condition that reduces the compensation you can recover after a personal injury accident because you share fault with another party or parties. The award you receive depends on the degree to which your own negligence brought about the accident and injury.
What if I’m partly at fault in my car accident?
In Texas, you can still recover compensation after an accident where you share fault. However, you must be able to prove with evidence that you were not more than 50% responsible for your injuries. Courts determine the percentage of fault, but a personal injury attorney can help you build a solid case that proves the other party’s majority negligence.
What is the statute of limitations for personal injury in Texas?
In Texas, personal injury victims have two years to file a lawsuit. Failing to file quickly enough can result in the dismissal of the case. An Arlington motorcycle accident attorney can help ensure you file everything correctly to avoid losing out on fair compensation.