Unless you’ve been stopped at a red light for 30 seconds minding your own business and suddenly get rear-ended, fault can be a contested issue in motor vehicle accident cases. There are circumstances surrounding some accidents where the resulting personal injury and property damage are the fault of both parties. That’s where the law of Comparative Negligence is argued.
Pursuant to the law of comparative negligence, if an accident victim is found to be partially responsible for their property and personal injury damages, the percentage of fault attributable to them is deducted from a 100 percent damages figure. What that means in Texas is that if you’re found to be less than 51 percent at fault for your injuries and/or property damage, you can still recover damages. Any final award of damages would be reduced by the percentage of fault you were held to be responsible for. If a gross award of damages was in the amount of $100,000, and you were found to be 15 percent at fault for the accident, your net award would be $85,000.
An example of comparative negligence in a car accident case might be when you were approaching an intersection controlled by traffic lights, and you had a green light. Another car approaching the intersection had a red light but ran it and the wreck happened. Even though the other car ran a light, if it is later determined that you were speeding, a judge or jury will likely place a percentage of fault on you. Your total damages will then be reduced by your percentage of fault.
Springer & Lyle are result oriented and aggressive personal injury attorneys in Denton, TX who represent car accident and truck accident victims in and around North Texas. Accident consultations are free and there’s no charge unless we recover on your case. Please call us today (940) 387-0404 for your free consultation.