Suppose an accident occurred when you were traveling slightly above the speed limit while the other driver was distracted, looking at their phone. In such a case, can you still file a car accident claim and recover compensation for the harm and losses you suffered? Well, it depends on your level of fault or degree of responsibility for the crash.
Texas follows a modified comparative negligence approach when drivers share fault for a crash. As such, your contribution to the accident does not automatically prevent you from recovering compensation. Here is more on how this works.
Your percentage of fault is crucial
Insurance adjusters usually assign a percentage of fault to the parties involved in a crash. They base this percentage on various factors, including police reports about the accident, witness statements, applicable traffic laws, surveillance footage and even expert opinions when the events leading up to the crash are unclear.
The level of fault assigned to you plays a significant role, as you cannot recover compensation with your car accident claim if you are found to bear greater responsibility for the accident. Your percentage of fault should not exceed the other driver’s for a valid car accident claim.
In addition, your contribution to the crash will diminish or reduce your recoverable compensation. For instance, if you were 30% to blame, you may only recover 70% of your damages.
The importance of legal guidance when you share fault for a crash
Given the far-reaching consequences it could have on your settlement, you do not want to carry more responsibility than your role in the accident. It could mean contesting the assigned percentage of fault if you think it does not represent the actual circumstances accurately.
Proper legal assistance is imperative in such situations, potentially being the defining factor in securing the compensation you deserve and safeguarding your rights.