Austin Personal Injury Blog

Car Accidents & Texas' Modified Comparative Fault Rule

Posted By The Stewart Law Firm, PLLC || 1-Nov-2018

If you’ve been injured in a car accident, you may be interested in filing a claim and pursuing damages that ease your injury-related financial burdens. After all, a beneficial settlement or verdict can award compensation for your medical expenses, lost wages, property damage, rehabilitative services, and other non-economic damages. However, it may be difficult for you to maximize your claim based on Texas’ modified comparative fault rule.

What Is a Modified Comparative Fault Rule?

Negotiating or litigating for damages is fairly straightforward if one driver is clearly and fully responsible for an accident. It’s when both parties share fault that the path to restitution becomes significantly more complex. Per Texas’ modified comparative fault rule, a plaintiff’s damages may be reduced or eliminated depending on how the jury calculates each party’s percentage of fault.

For example, if the jury decides that you are 45% at fault for an accident, your total economic and non-economic damages will be reduced by 45%. So, even if you’re initially awarded $150,000, you’re only actually entitled to $82,500.

However, if the jury decides that you are more than 50% at-fault for an accident, you will not receive any damages for your injuries. This is an important stipulation in Texas’ “modified” comparative fault rule.

Discuss Your Case with an Experienced Attorney

Texas’ modified comparative fault rule regulates how courts and insurance claims adjusters evaluate a car accident case. If you’re ready to pursue damages, it’s essential that you retain the services of an experienced attorney who can thoroughly investigate your case and fight for your interests in court. At The Stewart Law Firm, PLLC, our trial-tested Austin car accident lawyers can tenaciously negotiate with insurance companies on your behalf and help you secure a advantageous settlement. The defendant’s insurance company may try to use underhanded tactics to undermine your case by alleging that you are at-fault for the collision. We can protect your claim and help you maximize your damages.

Contact The Stewart Law Firm, PLLC at (512) 271-5112 to schedule a free consultation.

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