Understanding fault in a Texas personal injury case can make or break your claim — here’s how the law handles it.
When you’re injured in an accident, determining who is at fault is a critical step in pursuing compensation. In Texas, fault is established through a legal framework that examines evidence, assigns responsibility, and applies state-specific rules. Here’s what you need to know about how fault is determined in Texas personal injury cases.
Texas Is a Modified Comparative Negligence State
Texas follows the modified comparative negligence rule, which allows you to recover damages as long as you are not more than 50% at fault for the accident. Here’s how it works:
- If you are 50% or less at fault: You can recover damages, but your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault and your damages total $100,000, you can recover $80,000.
- If you are more than 50% at fault: You cannot recover any damages, even if the other party is partially to blame.
This rule makes it essential to accurately determine and argue the degree of fault for all parties involved.
Evidence Is Key
To determine fault, both sides will gather and present evidence to support their claims. Common types of evidence include:
- Police Reports: In cases like car accidents, the police report often contains crucial details about what happened and who may be at fault.
- Witness Statements: Testimonies from people who saw the accident can provide valuable insight into how it occurred.
- Photographs and Videos: Images or videos from the scene can help recreate the accident and clarify fault.
- Expert Testimony: Accident reconstruction experts, medical professionals, and other specialists can provide opinions based on their expertise.
- Medical Records: These can demonstrate the extent of your injuries and link them to the accident.
Legal Theories of Fault
Fault in personal injury cases is often based on one or more of the following legal theories:
Negligence
Negligence occurs when someone fails to act with reasonable care, causing harm to another person. To prove negligence, you must establish four elements:
- Duty of Care: The defendant had a legal obligation to act reasonably under the circumstances.
- Breach of Duty: The defendant failed to meet this standard of care.
- Causation: The defendant’s actions directly caused your injury.
- Damages: You suffered actual harm or losses as a result.
Strict Liability
In some cases, such as defective product claims or certain dog bite cases, the defendant may be held strictly liable. This means they are responsible for your injuries regardless of whether they acted negligently.
Gross Negligence
If the defendant’s actions were particularly reckless or intentional, they may be found grossly negligent, which could lead to punitive damages.
Shared Fault Scenarios
Accidents often involve multiple parties, and Texas’s comparative negligence system accounts for this. In cases with shared fault, the court or insurance adjusters will assign a percentage of fault to each party based on the evidence.
Example: If you were in a car accident and one driver ran a red light while you were speeding, the court might assign 80% fault to the other driver and 20% to you. Your damages would then be reduced accordingly.
Role of Insurance Companies
In many cases, fault is initially determined by insurance companies. They will:
- Investigate the accident.
- Review evidence and statements.
- Assign a percentage of fault to each party.
However, insurance companies are motivated to minimize payouts, so their determination may not always align with the facts. This is where having an experienced personal injury attorney can make a significant difference.
The Court’s Role in Fault Determination
If your case goes to trial, a jury will typically determine fault based on the evidence presented. In a jury trial, the jurors assign percentages of fault to each party and decide on the amount of damages. If the case is tried without a jury, the judge will make these determinations.
Conclusion
Determining fault in a Texas personal injury case involves a combination of evidence, legal principles, and state laws. Because Texas follows a modified comparative negligence rule, accurately establishing fault is critical to ensuring you receive the compensation you deserve. If you or someone you know has been injured, consulting a skilled personal injury attorney can help you navigate this complex process and advocate for your best interests.
Car insurance premiums, like everything else these days, have reached historic highs. You get your renewal notice in the mail and gasp at the increase. So, you make the call to your insurance agent to see what can be done to save you money.
Under the typical Texas liability insurance policy both the insurer and the insured have mutual obligations and rights. The insured pays a premium to their insurance company to protect against unexpected losses and claims. On the other hand, the insurance company has a duty to defend against claims covered under the policy and a right to control the defense of litigation should it arise.
Texas law is clear that every driver must maintain financial responsibility (auto insurance). But, the truth of the matter is that there are thousands of drivers on Texas roads who are underinsured with a minimum policy or not insured at all. What this means is that if you are hit and injured in a car wreck by one of these uninsured or underinsured drivers, you may have to use your own insurance to pay for your medical bills, lost wages, lost ability to work and/or other damages.
Many people involved in motor vehicle collisions may not have police or accident reports documenting the specifics of the wreck. Sometimes it could be because the wreck was not reported and the police were never called. Other times, the police may have been called but simply did not respond. Law enforcement agencies often lack the resources to respond to each and every car wreck that occurs in their jurisdiction. More and more police agencies are putting policies into place that do not require them to respond to what the agency deems a “minor” wreck. The problem is that sometimes a wreck that law enforcement deems “minor” may actually have major long-term consequences (and injuries) for the individuals involved.
