Many vehicle crashes aren’t 100% one person’s fault. Maybe, for example, one driver ignores a stop sign at an intersection and crashes into a car crossing in front of them. They certainly bear significant responsibility.
However, maybe the other driver was texting at the time and didn’t look to make sure the coast was clear, even though they had the right of way. Maybe they were also speeding. A case can be made that they bear some responsibility for the crash.
How does fault affect compensation?
When more than one party’s negligence or actions contribute to injuries, state law determines how that affects compensation for both parties. Texas follows what’s often called the “modified comparative negligence” or “51%” rule
Under that rule, a driver can recover damages as long as they are no more than 50% at fault for the accident. A driver who is 51% or more at fault isn’t entitled to compensation.
Further, the driver with the lesser amount of fault will have their compensation reduced by their percentage of fault. For example, if one driver is found to be 25% responsible for the crash, they’re entitled to 75% of the compensation they’d be due if they were 0% at fault.
How is each party’s amount of fault determined?
So how is this percentage of fault determined, and how do you know the determination is accurate? You can be sure that the other driver’s insurer will seek to shift as much fault to you as possible. They’ll look at the police report, victim and witness statements, photos and videos of the crime scene and any other evidence they can gather.
While your insurer will likely do the same, it’s still wise to get experienced legal guidance to help protect your rights and maximize your compensation. This can make a significant financial difference in your settlement.