People who are injured because of another person’s negligence, such as distracted driving behavior that leads to an injurious crash, may opt to pursue a personal injury claim. This enables them to seek compensation for the financial damages they’re dealing with because of the incident.
If you’re dealing with an injury caused someone else’s negligence, you should understand how modified comparative negligence impacts these cases in Texas if you’re not totally blameless. This legal concept addresses the fault of multiple parties in the aftermath of an injurious scenario.
Method of determining fault in Texas
In Texas, the modified comparative negligence concept means that the amount of compensation a person can receive is reduced by the percentage of fault they have in the matter. If you’re found to be more than 50% liable for the accident that caused your injuries, you can’t receive any compensation for the injuries you suffered. This is known as the proportionate responsibility rule.
The case each side presents is scrutinized to determine what percentage of fault should be given to each party in the matter. This means that if you’re 30% at fault for an accident, your award would be reduced by that percentage. It would turn a $100,000 into a $70,000 award because you can only receive 70% of the award since it must be reduced by the 30% that’s equal to your percentage of fault.
Mitigating your fault in the matter
Because of the modified comparative negligence model that’s used in Texas, it’s up to you to try to mitigate your fault in the matter. You have to work to show that the defendant was the one who held the primary fault in the matter. The more you can reduce your liability, the more compensation you may be entitled to receive.
Evidence of fault will likely become a significant focus of your case. This evidence may include expert witness statements, photos of the accident scene and police reports. Working with a legal representative who can work to prove your side of the matter so you can recover as much as possible is likely wise.