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If you have been injured in an accident in Texas where both parties share some blame, you need to understand how Texas’ “comparative negligence” rules affect your case. These rules can directly impact whether you receive compensation and how much.
What Is Comparative Negligence in Simple Terms?
Comparative negligence means that when an accident happens, both parties can share the blame. In Texas, this works like this:
- If you are partly responsible for your accident, you can still get money for your injuries
- Your compensation gets reduced by your percentage of fault
- If you are found to be more than 50% at fault, you get nothing
This is often called the “51% bar rule” – if you are 51% or more responsible, you cannot recover any compensation.
How This Works in Real Life
Example 1: Car Accident
Let’s say another driver ran a red light and hit you, but you were going slightly over the speed limit:
- Total damages: $10,000
- You are found 20% at fault (for speeding)
- You can recover $8,000 ($10,000 minus 20%)
Example 2: Slip and Fall
If you fell in a grocery store:
- The store failed to clean up a spill (their fault)
- But you were looking at your phone (your fault)
- If you are found 40% responsible, you get 60% of your damages
- If you are found 51% responsible, you get nothing
Why Insurance Companies Use This Against You
Insurance companies know all about the 51% rule and use it to their advantage by:
- Trying to push your fault percentage over 50% to avoid paying anything
- Offering less money by claiming you were more at fault than you actually were
- Using your statements against you to increase your fault percentage
Why Having a Lawyer Matters
When fault is disputed, having an experienced attorney can make a huge difference:
- They know what evidence will show the other party was more at fault
- They can counter the insurance company’s arguments that you were primarily responsible
- They understand how to present your case in the most favorable light
- They have seen how local judges and juries determine fault in similar cases
What You Should Do If You Are in an Accident
- Never admit fault at the scene or to insurance companies
- Take photos and document everything
- Get contact information from witnesses
- See a doctor right away for your injuries
- Talk to an attorney before giving statements to insurance adjusters
How The Kashar Law Firm, P.C. Can Help
At The Kashar Law Firm, P.C., we understand Texas comparative negligence laws and know how to fight for fair fault allocation. Our attorneys will:
- Investigate your accident thoroughly
- Work with experts when needed
- Negotiate aggressively with insurance companies
- Make sure you are not unfairly blamed for more than your share of fault
Even if you think you might have been partly at fault, do not assume you cannot get compensation. Contact The Kashar Law Firm, P.C. today for a free consultation to understand your rights. Remember, you pay nothing unless we win your case.