You may have heard the advice that you should not say or do anything after an accident that
could be considered admitting fault for the accident, but why is that so important? Texas uses a
system called comparative negligence in car accident claims, and this legal concept affects how
compensation is awarded to injured accident victims. If you are at fault for a collision, your
financial award could be limited.
What is Comparative Negligence in Texas?
Comparative negligence is a legal doctrine that states fault for a car accident could be placed
with more than one person or entity. This allows liability to be distributed proportionately
according to percentage of fault. Texas uses a system known as modified comparative
negligence, which has the following basic elements:
- More than one party may be found liable for an accident
- To recover financial damages, you must be less than 51% at fault
- Any compensation you are awarded will be decreased by your share of fault
This doctrine applies to personal injury accidents in general, so all car accidents will generally
follow this rule, including pedestrian accidents, truck accidents, and motorcycle accidents.
Why It’s Important to Minimize Your Percentage of Fault
Establishing that the other party is fully or primarily responsible for the accident is vital for your
financial recovery because if you are determined to be more than half at fault, you will not be
able to receive any compensation. To maximize your compensation, you will need to prove that
the other driver or responsible party is to blame. Consider the following example:
Nadia was in an accident with a negligent truck driver and was awarded $120,000
in damages as a result. However, she was also found to be 15% at fault for the
collision, so her financial award was decreased by 15%. Nadia’s final
compensation would be $102,000.
Even a small percentage of fault can have a significant impact on your final compensation
amount, so limiting the amount of liability that can be assigned to you is crucial.
Proving Fault in a Texas Car Accident Claim
Your car accident attorney must build a strong case to show that the other party is to blame for
the accident, and evidence plays a key role in this process. The exact type of evidence you will
need to prove fault will vary depending on the details of your case, but many car accident claims
benefit from the following evidence:
- Medical records
- Police reports
- Eyewitness statements
- Video footage
- Photos of the accident scene
- Accident reconstruction
- Phone records
If you can provide convincing evidence to support your claim that the other driver caused the
accident, you will improve your chances of recovering financial compensation.
Why You Need an Attorney for Your Texas Car Accident Claim
Identifying, gathering, preserving, and presenting evidence in a strategic and beneficial way
requires in-depth knowledge and real-world experience. The car accident attorneys at the Law
Offices of Nader Irsan have a breadth and depth of knowledge that allows us to provide
unparalleled legal representation to our clients. We understand how overwhelming and
frightening it can be to navigate an injury claim on your own, which is why we prioritize being
your partner and biggest advocate throughout the process. Contact us to schedule a
consultation with one of our Austin car accident lawyers today.