Comparative fault is a Houston traffic accident law that helps determine claim compensation after an accident. In some cases, both parties involved in an accident will be partially at fault because both were breaking the law. For example, if one car is speeding and another car improperly changes lanes, the resulting accident was caused by both. In situations like this, comparative negligence is a way to figure out who is mostly at fault for the accident, as well as how the other driver’s law breaking should factor into compensation for injuries. This is an important Houston traffic accident law to know, should you ever find yourself in a car accident.
What is the Houston Traffic Accident Law Comparative Negligence?
In a nutshell, comparative negligence is a law that helps determine which driver is at fault for an auto accident. There are a few variations of this law. However, Texas and more than 20 other states use 51% modified comparative fault. This means that if you are 51% or more at fault for the accident, you won’t get compensation for your injuries from the insurance company. This is because your negligence was the primary cause of the accident.
On the other hand, if you are less than 51% at fault, but were still partially at fault, your compensation may be reduced. For example, if you are 10% at fault for an accident, usually your claim will be reduced by 10% to account for the part of the accident that was your responsibility.
How Will it Affect My Houston Auto Accident Lawsuit?
Under this Houston traffic accident law, your claim is only valid if you are 50% or less at fault for your accident. Your Houston auto accident lawsuit may be a little more difficult if you are partially at fault. For this reason, you should make sure to document the accident thoroughly. Make sure to take pictures, get a police report, write down your statement, and make a list of witnesses’ names. This can significantly help your case if you need to make a claim for your injuries.
Additionally, you should contact your Houston auto accident attorney to discuss the particulars of your case. They are great resource to figure out what you can expect and how to go about the process. Also, they will fight for you to receive fair compensation for your injuries if the insurance company denies or reduces your claim.
At DeSimone Law Office, we specialize in giving you the support you need after an auto accident. Our experienced team of attorneys will fight for your rights to help you get the compensation you need. Call us today at (713) 526-0900 to schedule a free consultation with our professionals. We are here to serve you.