If you’ve been in a car accident in Texas, it’s natural to feel a sense of confusion, worry, and uncertainty about what happens next. You may be wondering what will happen to your case if you were partially at fault for the accident. This is a situation that many people find themselves in, and it’s important to understand how the legal system in Texas works when it comes to determining fault. You don’t have to face this alone. We understand the challenges that come with being in a car accident, and we are here to guide you through this complex process. Our goal is to help you understand your rights and work toward a successful resolution of your case.
Understanding Fault in Texas Car Accidents
Texas follows a system known as comparative fault, which means that if you are partially responsible for a car accident, your damages may still be compensated. However, your compensation will be reduced based on the percentage of fault you share in the incident. If you are found to be partially at fault, the amount of money you can recover will decrease in proportion to your share of responsibility.
In a car accident case, determining fault is a crucial part of the process. After an accident, the insurance companies, police officers, and sometimes even the courts, will look at the evidence to decide who was responsible for the collision. It can be complicated, especially if both parties involved have some degree of fault. Texas law allows for the concept of shared responsibility, so even if you were partially at fault, you may still be entitled to compensation.
What Does Comparative Fault Mean for You?
Under Texas’ comparative fault law, each person involved in the car accident will be assigned a percentage of fault. For example, if you were speeding, but the other driver ran a red light and caused the collision, you might be found 20 percent responsible, while the other driver might be 80 percent at fault.
Once fault is assigned, the amount of money you can recover for your damages will be reduced by your percentage of fault. So, if you were found to be 20 percent at fault and the total damages in your case amount to $100,000, you would only be able to recover $80,000. This reduction is what can make a partially-at-fault case feel overwhelming. The amount of money you can recover will be directly impacted by how the fault is divided between you and the other driver.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
How Insurance Companies Handle Partially Faulted Cases
When you’re partially at fault in a Texas car accident, insurance companies play a key role in determining how much compensation you are entitled to. After an accident, your insurance company will likely work to settle the claim. However, they will take into account your level of fault. This means that they might not offer as much money if they believe you were partially responsible for the accident.
Insurance companies often aim to settle cases quickly, but that doesn’t mean you should accept their initial offer without understanding your rights. The company may offer a lower settlement because they believe that you have some fault in the crash. It’s important to have someone on your side who can advocate for your best interests and ensure that you receive a fair offer based on your unique situation.
– Steve Hendrix
– Adriana Solis
– Luis Amador
– Maria Terrazas
What Happens If the Other Driver Is Also Partially at Fault?
In cases where both drivers are partially responsible for the accident, the same rule applies: each person will be assigned a percentage of fault. For example, you might be found 30 percent at fault, while the other driver is found 70 percent at fault. You will only be able to recover the percentage of the damages that the other driver is responsible for.
In this scenario, it’s especially important to carefully document the details of the accident and present your case clearly to the insurance company. The more evidence you have to show that the other driver was more at fault than you, the better your chances of receiving a larger portion of the compensation.
What If You’re Found to Be Mostly at Fault?
If you’re found to be mostly at fault for the car accident, it may be more difficult to recover compensation for your damages. In Texas, if you are more than 50 percent at fault for the accident, you are not entitled to recover any damages. This is important to understand, as it means that if the court or insurance companies find you to be the primary cause of the crash, you may not be able to seek compensation for medical bills, car repairs, or other damages.
However, even if you are mostly at fault, it’s still a good idea to consult with an attorney. They can help you navigate the process and determine if there are any other avenues for compensation or if there are ways to lessen the impact of your share of responsibility.
The Role of an Attorney in Your Case
If you find yourself partially at fault in a Texas car accident, it’s important to have the right legal help to guide you through the process. An attorney who is experienced in handling car accident cases can help you understand the nuances of comparative fault and how it affects your case. They can also assist in gathering the necessary evidence to present a strong argument for your side.
One of the most important things an attorney can do is advocate for you during settlement negotiations with insurance companies. Insurance companies often try to minimize the amount of compensation they pay, but with an experienced attorney on your side, you can ensure that your case is handled fairly and that you receive the compensation you deserve based on your level of fault.
Why You Need Legal Assistance After a Car Accident
Even if you believe you were only partially at fault in the accident, you may still be entitled to significant compensation for your medical expenses, lost wages, and other damages. However, without the proper legal representation, it can be difficult to navigate the complexities of the comparative fault system in Texas.
At Chavez Law Firm, we understand how stressful and confusing it can be to face the aftermath of a car accident. If you have been partially at fault in a Texas car accident, we are here to help. Our team will work tirelessly to ensure that your case is handled properly and that you receive the compensation you deserve. We are committed to guiding you through the legal process with empathy and determination.
Don’t let confusion or uncertainty prevent you from seeking the compensation you’re entitled to. Contact Chavez Law Firm today, and let us help you get the best possible outcome for your case. Our experienced team is ready to fight for your rights and make sure you’re taken care of every step of the way.
