Recovering compensation after a car accident is rarely easy but can be especially challenging if both drivers are at fault for causing the accident. If you were injured in a car accident that you partially caused, you might fear that you will not be able to cover your expenses. However, such claims typically must be proven, and we can help you refute such claims so you get all the financial compensation you are entitled to.
You can still pursue compensation for your injuries in Texas, even if you were partially at fault in the accident. Texas allows car accident victims to recover compensation, but their damages may be reduced proportionately to the percentage they are to blame for the accident. If one driver is found to be 50% or more at fault for causing the accident, they will be prevented from recovering compensation. Remember, the other driver must have evidence to back up their claims that you somehow contributed to the car accident. If they lack evidence, or their evidence is not strong, the court might determine you are not responsible, and your damages may remain intact.
Contact The Queenan Law Firm at (817) 476-1797 for a free case review from our Dallas car accident attorneys.
What Happens If Both Drivers Are at Fault for a Car Accident in Texas?
Car accidents are one of the most common types of accidents that victims pursue compensation for in Texas. It is not uncommon for both drivers to be at fault for causing an accident, but that does not prevent you from recovering damages for your injuries. However, getting compensated through an insurance claim can be difficult under Texas’s insurance rules if you are partially to blame. Fortunately, you can file a lawsuit so a neutral party, like a jury, can decide your liability. As long as you are not found more at fault for causing a car accident, you deserve compensation.
No-Fault Insurance Rules in Texas
Two types of insurance systems are used throughout the country: “fault” and “no-fault” insurance. These work in profoundly different ways and have completely different methods for victims to recover compensation for accidents they partially caused. Texas is a fault-based insurance state, but it is important to understand how each type works and how Texas’s rules will impact your case.
In no-fault states, car accident victims can recover compensation for damages like medical expenses and lost wages by filing claims with their own insurance providers. They may receive compensation regardless of who was at fault for the accident. This benefits drivers who are partially or fully responsible for an accident since their financial losses would be covered without raising the issue of liability. However, no-fault insurance rules generally prevent victims from filing lawsuits unless they suffer serious injuries.
Recovering compensation for a car accident caused by both drivers in a fault-based insurance state like Texas can be more challenging. Fortunately, our Texas car accident lawyers can review your case to determine the best way to fight liability claims against you. In a fault-based state, injured parties must file third-party insurance claims against the drivers they claim caused their injuries with that driver’s insurance company. Since this system is adversarial, insurance companies will not pay claims for accidents their policyholder did not cause. Unlike no-fault insurance states, car accident victims can file a lawsuit to pursue damages, whether or not they filed an insurance claim first.
If you and the other driver are both at fault, you can still recover compensation under Texas’s modified comparative negligence rules, discussed below. As Texas is an at-fault state, you can file an insurance claim or a lawsuit. If you share any blame, an insurance company might be tough to deal with, but you are entitled to compensation. In some cases, it is best to file a lawsuit and let the question of liability be decided by a judge or jury rather than an insurance company primarily concerned with saving money.
The “Proportionate Responsibility” Rule in Texas
As mentioned, Texas is a modified comparative negligence state but refers to the rule as “proportionate responsibility.” According to Tex. Civ. Prac. & Rem. Code § 33.001, car accident victims can still recover compensation for their damages even if they are partially at fault. Still, their compensation will be reduced proportionately to the percentage responsibility for the accident. A simple example might help illustrate this. Assume a plaintiff in a car accident lawsuit is awarded $100,000 in damages for their injuries but found 20% at fault for causing the accident. In this case, the plaintiff would still recover $80,000 in damages, minus the 20% of their own damages that they are responsible for.
The most important aspect of this rule is the cutoff point for recovering compensation. Under Texas’s proportionate responsibility rule, car accident victims will be barred from recovering compensation if they are found 50% or more for causing the accident they were injured in. In some cases, it might be clear that the plaintiff is mostly at fault. However, the issue of liability is much less clear in many cases, and who bears the majority of responsibility can be argued.
How Proportionate Fault is Determined in Texas Car Accident Cases
Sharing fault is not uncommon. This issue comes up in many car accident cases, and plaintiffs may still recover some, most, or even all of their damages. If the defendant claims that the plaintiff contributed to the accident or their injuries, the court may enforce laws regarding proportionate fault.
Under Tex. Civ. Prac. & Rem. Code § 33.003(a), fault or responsibility for a car accident must be expressed in whole percentage numbers. The trier of fact – usually a jury but possibly a judge in bench trials – must determine the share of blame for each claimant, defendant, settling person, and third party involved. Often, issues of proportionate responsibility involve more than just the plaintiff and defendant. Multiple people and parties might be implicated, and several people might share the blame.
For example, the jury might have to determine your percentage of blame for the accident, but they should also be determining the percentage of fault of the defendant and possibly other drivers involved in the accident. The person who raises the issue of proportionate responsibility must be ready to present evidence. If their claims have no evidence or are baseless, the judge might not even entertain determinations of proportionate responsibility.
How to Refute Allegations That You Are Partially Responsible for a Car Accident in Texas
Refuting allegations of proportionate responsibility requires evidence of our own. Exactly what kind of evidence we need depends on how the defendant claims you supposedly contributed to the accident. It is crucial that we carefully review their claims and evidence so we can effectively push back against them.
Perhaps the defendant claims that you were speeding when the accident happened. While your high rate of speed might not have directly caused the collision, it might have made it worse overall and made your injuries more severe. Do we have proof that you were not speeding? We might have accident reconstruction experts review the accident details to determine if you were speeding. Expert testimony can be very persuasive and might turn the tides in your favor.
If you did something negligent, is it even connected to the accident? Just because you did something negligent does not mean it is the cause of the accident or affected your injuries. If the defendant cannot show that your actions directly contributed to the accident, you should not be held partially responsible.
At the end of the day, the defendant must be ready to support their claims with evidence. Even if we do not have evidence proving that you were not negligent, that does not mean that all hope is lost. The defendant’s evidence might be weak and easily undermined, which is common in cases where the claims are a bogus attempt at evading responsibility.
Is It Worth Pursuing Legal Action for a Car Accident in Texas if Both Drivers Were Negligent?
If fault is shared between drivers, you might wonder if taking legal action is even worth the time and effort. This is a question that only you can answer, but an attorney can help you make the most informed decision possible.
Even if a plaintiff is partially responsible for a car accident, that does not necessarily mean their claims are not worth pursuing. We must consider who was more responsible and whether allegations of contributory negligence hold any weight. If your share of the blame is minor, legal action might still be worth your time and effort. However, if both drivers are equally negligent, a civil case might not be the way to go.
If you begin legal action only to discover that you are more than 50% responsible, you are not only barred from filing a lawsuit, but the other driver might sue you. Working out a private settlement might help both drivers get what they need without having to endure a lengthy legal battle. On the other hand, you might want a trial regardless of how the damages shake out because you believe the other driver must be held accountable. At the end of the day, the choice is yours, and your lawyer can support you.
How Can an Attorney Help My Texas Car Accident Case?
Proving liability in a Texas car accident lawsuit can be extremely challenging, especially where evidence shows that each party is partially to blame. The good news is that you do not have to figure it all out alone. Our attorneys can help you with your case every step of the way and fight to ensure you do not lose out on compensation because you were slightly at fault.
Gather Evidence
Before an attorney can negotiate with insurance companies, they must have all the necessary evidence and information to prove that you are entitled to compensation, even if you are partially at fault for the accident. Our team will gather any documents related to your accident, such as police reports, medical records, witness statements, and photographs. We will also interview witnesses who saw the accident and arrange for them to testify on your behalf. Our firm will also document any contact with insurance companies or claims adjusters to show that they are being reasonable in their negotiations for compensation.
Negotiate with Insurance Companies or Go to Trial
Insurance companies often offer lowball settlements to victims to avoid paying higher amounts out of pocket. In cases where both drivers might be at fault, negotiating with an insurance company could be a fruitless endeavor without legal counsel. Suppose you and the other driver’s insurance company cannot reach a settlement. In that case, we can take your case to trial, where we can present your evidence and testimony before an unbiased judge or jury.
Our Texas Car Accident Lawyers Can Help
For a free case evaluation with our Abilene, TX car accident attorneys, call The Queenan Law Firm today at (817) 476-1797.