A car accident might seem like just that — an accident, but someone is usually responsible for the events that set that accident in motion. Sometimes, during a car accident, both or all individuals share the blame through comparative negligence. It’s important to stay aware of your actions on the road to determine how much fault you might share in an accident.
In Texas, comparative negligence claims can greatly affect how much compensation you receive for injuries and medical bills. It’s critical that you have a trusted lawyer on your side after a car accident so they can represent you and ensure that you’re not paying for more than your share of the damage.
Comparative Negligence vs. Contributory Negligence
Though both comparative and contributory negligence speak to how personal injury case compensation is determined, they have very different meanings. Very few states operate under the contributory negligence ruling, which dictates that any wrongdoing on the injured party’s part results in the inability to receive compensation for damages.
Fortunately, Texas operates under a version of comparative negligence, which allows the injured party to file for compensation, even if they were partially responsible for the accident. However, the percentage of their culpability in the accident reduces their compensation accordingly.
Common Scenarios that Occur in Comparative Negligence Cases
Some types of accidents and their situations that can lead to comparative negligence claims are as follows:
- Rear-end collisions, where the driver in the back crashes into the driver in front. If the driver in front made a sudden and unnecessary stop, this could result in a lower compensation for them, even if the driver behind was tailgating.
- T-bone crashes, where one car hits the other on the side. These types of crashes often happen at intersections. If the driver who was hit was speeding through a red light and the driver who hit them was changing the radio channel, they would both be partially responsible for the crash.
- Side-swipe accidents, where both drivers were distracted when their cars could carry an equal amount of responsibility for both parties.
- Rollover accidents, where one car forced the other off the road, but the one who crashed was speeding, would most likely lean in favor of the driver who crashed, though some compensation could be removed because of going over the speed limit.
- Multi-car accidents, where each driver may have slightly contributed to the accident; for example, one may not have put on their turn signal, another was speeding, and the third made an illegal turn at a red light.
There are many other examples of situations where you might be held partially responsible for an accident. Even if you didn’t directly cause the accident, comparative negligence also takes effect if you:
- Drove above the posted speed limit
- Talked on the phone or texted
- Maneuvered around another vehicle in a “no passing” zone
- Turned right on red in a “no right on red” area
- Made a U-turn where it expressly said not to
- Not wearing a seatbelt at the time of the accident
How Is Blame Determined After a Car Accident?
Ultimately, the blame is determined through scrutiny of the events that led up to the car accident. Insurance companies will debate over who was at a higher percentage of fault due to their actions. If no settlement is reached, a court may have to decide after reviewing the facts. If the person presenting the personal injury claim is found to be less than 51% responsible for the accident they were involved in, they may be awarded compensation; however, the percentage that they are determined to be at fault for the accident is deducted from their overall compensation.
In some situations, it may be determined that the plaintiff was entirely responsible for their own injuries. To help avoid that outcome, it is best to have a practiced lawyer to navigate these cases.
How Is My Compensation in a Comparative Claim Calculated?
When you file a personal injury claim to recover monetary losses after an accident, every cost relating to the accident is tallied up, including medical bills, medication, mental health or physical therapy, and damages from pain and suffering. In a comparative negligence claim, the percentage that you are found responsible for is deducted from the total compensation you are awarded.
For example, if you would have been awarded $100,000, but were found to be 20% liable for the accident, the amount you would subsequently receive would be $80,000. While still a sizable number, this greatly decreases the amount that you could use to pay for medical bills and essential treatments. It’s important to consult with a car accident lawyer to determine your best defense if you think you’re even a little at fault for an accident.
How Can I Avoid Comparative Negligence?
Apart from obeying the traffic rules to the letter, protecting yourself from comparative negligence after an accident requires you to do your due diligence. To protect yourself, your loved ones, and your assets, it’s important to take the following steps if you’ve experienced a car accident.
Collect Evidence
Talk to the other driver at the scene, not only to exchange information but also to see what their view of the accident was. Speak to any bystanders, including pedestrians or other drivers who may have stopped. Getting different statements from people who were situated at different angles during the crash can help strengthen your claim. Ask for photographic or video evidence from witnesses. Request camera footage from the police station, as well as a copy of the police report.
Visit a Doctor
To ensure your health, as well as to increase the likelihood that your personal injury claim is taken seriously by insurance companies, it’s important that you visit a doctor as soon as possible. Make sure to get copies of your diagnosis, as well as treatment plans once discharged, to prove the extent of the damages.
Write Down Everything
As soon as possible, write down what you remember about the accident. What were you doing? What did you see? What was the weather? If the accident occurred at an intersection, were there other vehicles around? What do you remember about the events leading up to the accident? All of this information is essential for your personal injury claim and can help you lessen the percentage of responsibility you carry in an accident.
Seek Trusted Representation
Texas comparative negligence rules allow you the opportunity to reclaim damages; however, it’s essential to have a knowledgeable attorney on your side so that the other person involved in the accident doesn’t get awarded a lower percentage of fault. Contact our legal team at García Injury Law so that we can help you stay under the percentage of responsibility.
How Does Contributory Negligence Affect My Personal Injury Claim?
Insurance companies are looking for the quickest way to dismiss your claim. Any fault of yours that occurred during the accident will be magnified. When dealing with insurance companies, it’s important to:
- When speaking to the insurance company, stick to short, factual statements when needed, but do not get tripped up trying to explain yourself; that can do more harm than good, and you may make it seem like you’re more responsible than you are.
- Do not get caught up in a “blame game” with the other person or people involved in the accident.
- Direct any questions the insurance agents may have to your lawyer.
Texas Laws that Affect Contributory Claims
Contributory claims in Texas have been around for half a century. In 1973, Article 2212a of the Comparative Negligence and Contribution Among Joint Tortfeasors Act upheld comparative negligence in Texas. Since then, those parties who have been injured have been granted the ability to attempt to recover their losses, even if partially responsible for an accident.
Keeping Our Roads Safe: Responsible Driving Tips
To make sure you are not legally held responsible for an accident or so that you are able to claim the least percentage in a contributory claim, follow all traffic safety rules. These include:
- Do not exceed the speed limit
- Do not call or text on your phone or use any other electronic device while driving
- Follow the directions of road signs
- Do not race through a yellow light
- Make sure that you are well-rested and not tired when behind the wheel
- Do not tailgate another car; leave an appropriate amount of space between vehicles
- Signal before changing lanes or turning
- Do not engage in racing or aggressive driving behavior
- Avoid fiddling with the radio or eating or drinking when driving
Most importantly, know the rules of the road for the area you’re driving through; there are slightly varied laws in place throughout the cities of Texas.
Contact García Injury Law Today
Our lawyers understand how contributory negligence claims are confusing to navigate. We can assist when you may have been partially responsible for an accident and will defend your right to seek compensation for your injuries. Reach out to our legal team today at 512-474-4487 or contact us online to get your questions answered.
