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How Liability Works in Texas Auto Accidents

We all agree that responsibility is an integral part of being an adult, but did you know that it’s also a crucial aspect of personal injury lawsuits? The verdicts of all civil (and criminal) cases are contingent on the court’s determination of liability. Therefore, everyone who lives in Texas should know how accountability works in auto accidents.

Texas’ Auto Accident Liability System

Every state has different laws determining liability in auto accidents, and ours is no different. In Texas, we adhere to a modified comparative fault rule. The rule states that a claimant can recover damages if he or she was at fault for 50% or less of the collision.

Therefore, even if an accident is partially your fault, you may be able to recover damages!

Comparative Fault & Compensation

In comparative fault scenarios, the claimant’s recovery amount is impacted by a determined percentage of fault. Therefore, if the court finds the claimant 10% responsible for causing the accident, the claimant’s compensation total will decrease accordingly.

For example, let’s assume a court finds a claimant 20% at fault for an auto accident, and the court determines that the total award amount is $100,000. Due to the comparative fault rule, the claimant’s final recovery amount is reduced by 20%. Therefore, the claimant’s take-home compensation is $80,000.

Securing Representation for Your Case

In theory, auto accident liability is straightforward, but numerous factors can impact someone’s case. However, the typical claimant doesn’t know the law well enough to argue for their case properly.

If you believe you have a claim, you should talk to a knowledgeable El Paso personal injury attorney as soon as you can. A free consultation can help you determine if pursuing a claim is the right choice for your case!

Call (915) 308-8850 now for a free consultation! Our firm works on a contingency-fee basis, which means you don’t pay unless we win!