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Comparative Negligence in Texas

When an accident occurs and someone is hurt, a personal injury suit is meant to identify the negligent party and recover compensation. However what if there are multiple negligent parties? What if the victim also contributed to the circumstances of the accident? These cases are more common than you might think and many states, Texas included, have adopted a law to help address cases in which negligence does not rest with simply one party. This law is called modified comparative negligence.

Modified comparative negligence means that in the case of civil suit, the total negligence of the incident in question is divided amongst all contributing parties. This is particularly useful in cases with many plaintiffs or defendants—like multi-car pile-ups—where the actions of one defendant can contribute to the injury of a subsequent one.

To illustrate how modified comparative negligence works, take a look at the following example. In the case of a theoretical multi-car accident:

  • The jury has decided to award $100,000 to each the victims
  • Driver A is found to be 60% at fault
  • Driver B is found to be 30% at fault
  • Driver C is found to be 10% at fault

In this case, driver B would be awarded $70,000 and driver C would be awarded $90,000. You will notice that driver A does not receive any money. That is because, under modified comparative negligence, any party who is found to be over 51% negligent cannot collect money. This prevents those who are found chiefly responsible for an accident cannot benefit from any awarded proceeds.

Make Sure Your Voice is Heard

Comparative negligence helps make sure that victims of injury are still compensated, even if they happened to have accidentally contributed to the incident. However, this law also means that plaintiffs must fight harder to ensure the incident is presented accurately and they are not assigned a degree a fault that excludes from proper restitution. Only an aggressive and incisive Dallas personal injury lawyer can help you assert these circumstances in court.

If you or a loved one have been hurt due to someone else's actions, make sure those actions are answered for. Call us at Jackson Allen & Williams, LLP to schedule a case evaluation with one of our dedicated attorneys today.

Categories: Negligence
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