How Comparative Negligence Can Impact Your Personal Injury Case

We live in a complex world with many moving parts. One person’s individual action can have far-reaching effects that they never could have imagined. These effects combine with the actions of others to shape the course of our lives and the connections we form with others. Sometimes those connections proceed as expected, but other times, they clash—or crash.

This means that accidents causing injuries, such as motor vehicle collisions, falls at work, and bicycle accidents, can result from a combination of factors. Many people may have played a role by doing something that contributed to the cause of the accident.

When someone who is injured in an accident was partially responsible for causing the accident, Texas laws determine how their conduct affects their ability to recover compensation for their losses. These laws involve a concept often referred to as comparative fault or comparative negligence. Understanding how the principles of comparative negligence are applied in Texas can give you a better idea of your rights as an accident victim.

The Rule of Proportionate Responsibility – the 51% Law

Texas lawmakers established what is sometimes referred to as a modified comparative fault rule. It means that if you are responsible for more than 50 percent of the causation of the accident and your injuries, then you cannot recover damages from any of the others responsible for the causation. So, for instance, if you were hit in a car accident while making a left turn, and the court found that you were 55% at fault for not signaling your turn and the other driver was 45% at fault for not paying attention, the law prevents you from recovering damages from that driver.

When You are 50% or Less at Fault

If your actions contributed to your injuries but were not the majority of the cause, then you have the ability to recover some compensation, but it will be reduced in proportion to your share of responsibility. To see how this works in practice, it is helpful to consider some examples.

Imagine that you slipped and fell in a grocery store because no one cleaned up an olive oil spill on aisle 5. You hurt your back, and the judge determined that your damages for medical bills, lost wages, pain, and suffering should be $100,000.

• If the judge found that you were 5% at fault because you fell while reading signs on the shelves, instead of watching where you were walking, then your damage award would be reduced by 5%, which amounts to $5,000. Instead of receiving $100,000, you would receive $95,000.
• If the judge found you were 25% at fault because you were texting on your phone while walking, your damage award would be reduced by 25% which amounts to $25,000. Instead of receiving $100,000, you would receive $75,000.
• If the judge found you were 55% at fault because witnesses testified that the spill was obvious and you were texting and not paying attention, then you would not be eligible to receive any damages.

How Is Your Percentage of Fault Determined?

There is no magic referee in the sky who hands down a ruling on who’s at fault in a personal injury case. Instead, it all boils down to the evidence presented by the legal teams and the persuasive arguments they use to string that evidence into a narrative. It can be pretty subjective.

The legal teams arguing on behalf of the insurance company defending your legal action will be experienced and motivated to win. This is what they do every day. They can take innocent words you’ve said at any point in the process, such as “I’m sorry” or “I’m fine,” and use those words to demonstrate that you caused the accident or that your injuries were not caused by the accident.

To succeed in showing that your responsibility for causation is as low as possible, you need to have equally experienced and dedicated attorneys working on your side. You need to show not only that your actions did not contribute much to the cause of the accident, but you also need to be prepared to show that your injuries were not caused or made worse by something you did during or after the accident. 

For instance, the insurance company for the other side might argue that your back suffered only minor injuries in the accident, but the reason you’re in so much pain that you can’t work now is that you were doing yard work after the accident, and that’s what injured your back. You need to be prepared with medical evidence, such as exam records from immediately after the accident, showing your reported symptoms and the doctor’s findings. Additionally, keeping an ongoing journal of your symptoms and how they have affected your life since the accident can also help demonstrate that the injuries resulted from the accident and not from a later event.

Experience Matters When it Comes to Receiving the Maximum Compensation in a Personal Injury Case

When you’ve suffered a serious injury, it can affect the quality of your life far into the future. You may experience pain and limitations that never go away. You may need assistance with tasks you used to do easily before, such as cleaning and mowing the lawn around the house.

You deserve to be compensated for all these factors. It is important to work with a personal injury attorney who knows how to effectively evaluate your future needs and the compensation you should receive for the intangible effects of your injuries, such as emotional anguish and loss of enjoyment of your favorite activities.

The team at DeKeyzer Law fights for full compensation in every case, and we know how to build a case to demonstrate that the accident victim’s share of fault is minimal and should have minimal impact on recovery. To learn more about how comparative negligence may affect your case and how we can assist you, please call us at 713-904-4004 or contact us online now.