What is Shared Fault in Car Accident Cases and Why Does It Matter?

In many accident cases, multiple parties are often to blame, each sharing some percentage of fault. For example, if you got into a collision with someone speeding above the legal limit but were texting while driving, you both share some degree of fault. Lawyers from a law firm in Montgomery say this is crucial because Texas is a “fault state.”

After an accident, the injured parties often seek compensation from the at-fault driver’s insurance company as opposed to their own, as is the case in “no-fault states.” In Montgomery County, you must prove that someone else was at fault to file a personal injury claim. However, the situation can be complex if you’re partially to blame for the accident.

What is Modified Comparative Negligence in Texas?

Texas’s modified comparative negligence rule allows you to demand compensation even if you were partially at fault. However, you should know about some caveats which could bar you from obtaining compensation. Personal injury attorneys in The Woodlands highlight that:

  •  You can only bring a compensation claim forward if investigations reveal that you were less than 51% at fault for the incident
  • The total settlement you can receive will be minus a deduction of your percentage of fault
  • You can’t receive any compensation if you were 51% or more at fault for the accident

Insurance companies are responsible for determining your level of fault percentage. If you disagree with the calculation and assignment of fault, consult The Woodlands personal injury lawyers for legal counsel. They can help you pursue legal action to give you a better chance of recovering a suitable compensation amount.

What Evidence is Used to Determine Fault in a Car Accident Case?

Insurance companies and personal injury lawyers in Texas evaluate various pieces of evidence in establishing fault. Common examples include the following:

Photos from the Scene

Photos and videos taken immediately after the accident can be highly valuable in proving your claim. They can be pointers to factors that contributed to the accident. For example, a severely damaged vehicle could indicate that the driver was at high speed when they hit you. The angle of collision and position of vehicle damage can also give insights into the events leading to the accident.

Your lawyers can engage the expertise of expert reconstruction experts to get into the finer details of the accident. Expert testimony can help disprove the defendant’s alternative fault theories while strengthening your claim.

Eyewitness Statements

Eyewitnesses play a crucial role in helping determine fault in accident cases. Their written or oral statements can be valuable evidence that can strengthen your case. They can reveal essential information that you may not be aware of, which can positively impact the outcome of the claim.

For example, an eyewitness may have seen the other driver commit an illegal lane change or saw them operating a handheld mobile device before the accident. If possible, try to get eyewitness statements or their contact information after the accident.

Footage from Private Security Cameras

Your lawyers can request surrounding businesses or private properties and collect footage from private security cameras. These recordings can provide crucial details you or eyewitnesses may not have caught before and during the accident. For example, a business’s security camera may capture a collision that happened in a parking lot, showing each party’s contribution.

Police Accident Reports

An official accident report from the police can be beneficial in helping your team of legal experts determine fault for your accident. That’s why it’s essential to ensure you call law enforcement officers after an accident.

The report may entail crash diagrams, the officer’s notes, and statements from other drivers that may help insurance companies understand how the crash happened. Once the police write a report, ensure you obtain and preserve a copy to help you build a strong case.

What Types of Damages Can I Recover?

After an accident, you may incur physical and emotional damages that may be expensive to treat and which may leave you unable to engage in daily living activities. Your personal injury attorneys in The Woodlands can investigate the extent of the injuries to calculate how much your case is worth, less your percentage of fault.

You may be eligible to receive the following:

  • Medical expenses: Your settlement should compensate you for all the medical costs you incur to treat the injuries. These include hospitalization bills, medication expenses, assistive device costs, therapy costs, and related costs.
  • Lost wages: If you’re unable to work due to your injuries, you should receive compensation for lost wages, which can be considerable depending on the recovery period.
  • Pain and suffering: This category of damages compensates you for the emotional distress and mental anguish you have to endure after the accident. They are non-tangible damages that can be hard to prove, but skilled lawyers can help you navigate the complex requirements.

An Experienced Personal Injury Lawyer Can Help You Obtain Compensation Even If You Were at Fault

After an accident in The Woodlands, you can recover compensation from the other party, even if you were partially at fault. However, you must not be more than 51% at fault for the accident. Your percentage of fault will reduce the total compensation amount you get. Experienced personal injury lawyers from a law firm in Montgomery can explain the nuances.

Morgan Bourque, Attorney at Law, is a reputable law firm with seasoned personal injury lawyers who can help you. We understand how the system works and can help you create a solid claim to increase the likelihood of obtaining the compensation you deserve. Call us at 713-766-3733 to schedule a FREE consultation.