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Can You Recover Losses in a Shared-Fault Accident in Texas?
Car accidents happen every day in Texas, and determining the person who is held responsible can depend on many factors. A common misconception is that only one party can be liable, but in some cases, everyone bears some responsibility. Sometimes, a third party may play a role in the accident, even if they were not present when it occurred. If you have questions about your role in a car accident and what it means for your ability to recover compensation, a Texas car accident attorney can explain the laws that apply to shared-fault cases.
Does Texas Use a Fault-Based Car Accident System?
Texas law requires drivers to carry liability insurance, ensuring that they can pay for any accident they cause. In the event of an accident, the state applies the traditional fault-based approach. Those who are hurt or who suffer property damage in car accidents can either file a claim with the at-fault driver’s insurance company, which is known as a third-party insurance claim, or sue the at-fault driver in court. This process is slightly more complex when both parties share fault.
How Does Texas Handle Shared Fault?
Texas applies the "modified comparative fault" rule to car accident cases that involve more than one responsible party. According to this doctrine, drivers can sometimes be partially at fault and still recover a percentage of their losses.
Modified comparative fault applies with a 50-percent limit in Texas. This means that drivers can recover damages if they are responsible for 50 percent or less of an accident’s total liability. Over 50 percent liability disqualifies drivers from compensation.
This means that if a jury, judge, or insurance company finds one driver 30 percent at fault and the other driver 70 percent at fault, the first driver could still recover 70 percent of the total available damages. However, if a driver is found to be even 51 percent at fault, Texas's proportionate responsibility statute says that driver would not be able to recover anything.
What Damages Could You Still Recover?
The severity of injuries and property damage will impact the value of a claim. However, some common recoverable losses include:
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Any expenses associated with injuries, such as healthcare costs and ongoing treatments
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The costs associated with property that was damaged in the crash
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Income lost because of temporary missed time at work, or long-term lost income due to the inability to return to similar work
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Pain and suffering, including physical and emotional damage
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Any other additional expenses related to the accident and resulting injuries, such as transportation to doctor visits or medical devices
Speak With an Austin, TX Car Accident Attorney Today
Dealing with insurance companies in collision cases that involve shared fault can be stressful. Adjusters are looking out for the company’s best interests and will sometimes use bad faith tactics to undermine their responsibility or avoid paying. At Morales Law Office, Attorneys at Law, PLLC., a Midland, TX car accident lawyer will fight for your right to compensation. Call 512-474-2222 to get your free consultation today.
