What if I am Partly Responsible For a Crash?

Woman calling for help after car accident

According to the Texas Department of Transportation, a car crash occurs every minute somewhere in Texas. While many of these crashes are minor, far too many results in severe injuries and even fatalities. Obviously, if you were hurt in a car crash that was not your fault, the other driver is responsible for your damages. Determining fault can be a very difficult task, depending on the facts of the case. However, what happens if you’re partially responsible for a crash?

</p> <h2>Modified Comparative Negligence</h2> <p>Like many other states, Texas follows what is referred to as “modified comparative fault” in personal injury claims. So what does that mean? Basically, if both parties share some of the blame in an accident, they can still collect damages. However, the amount of money you can be rewarded is reduced. If both parties are responsible for the crash, the courts or insurance companies will determine how much the two parties contributed to that accident. As long as you are less than 51% responsible for a crash, you can collect damages. This is referred to as the 51% bar rules. So, if you are more than 50% responsible for a crash, you cannot obtain any portion of your damages.</p> <p>For instance, let’s say you were involved in a crash. The insurance companies determine you are 30% responsible for the accident. Your damages were a total of $50,000. Because of modified comparative damage, 30% of your damages are your responsibility. So, 30% of your reward would be deducted. Leaving you with $35,000 instead of the full $50,000.</p> <h2>In a Serious Car Crash? Contact The Law Giant for Help</h2> <p>Any car crash can leave you feeling overwhelmed and unsure of what to do next. After receiving medical attention, contact <a href="/about/" title="About the Firm - The Law Giant, Personal Injury & Accident Lawyers">The Law Giant, Personal Injury & Accident Lawyers</a> right away. We can handle the legalities of your case while you focus on recovering. With our skilled legal representation by your side, you may be able to secure full and fair compensation for your damages. <a href="/contact/" title="Contact The Law Giant, Personal Injury & Accident Lawyers">Contact us</a> at <a href="tel:866-523-4167" class="ibp" title="Call The Law Giant, Personal Injury & Accident Lawyers Today">(866) 523-4167</a> to schedule a free case evaluation at our Brownsville, McAllen, or San Antonio offices.</p> <p> </p> <p> </p> <p>

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