Personal Injury Lawyer in Houston, Texas: What Happens if You’re Partially at Fault in a Car Accident
Car wrecks occur when you least expect it. One tiny error can lead to significant trouble. If you are hurt in a wreck and you think you are partly at fault, do not give up. You can still be compensated under Texas law even if you are partly at fault. The secret is to understand how fault is established and how it will impact your case.
Understanding Partial Fault in Texas
Texas is a modified comparative negligence state. This implies that fault is divided equally among all motorists. Every driver is assigned a percentage of fault for his or her actions. For example, one driver may be 70% at fault and the other driver 30%. If you’re less than 51% at fault, you can still receive damages. Your award is just reduced by your fault percentage. So, if you’re due $100,000 but 30% at fault, you receive $70,000. This rule assists victims who made a minor mistake but still suffered serious harm.
How Fault Is Assigned in a Car Accident
Insurance companies and investigators look at evidence such as:
- Police reports
- Photos or dashcam video
- Witness statements
- Vehicle damage
- Traffic laws and citations
All this proof helps to determine what really happened. In case the two sides do not eye witness, lawyers and experts can reconstruct the accident. A seasoned Houston car accident lawyer can successfully counter unwarranted blame claims and protect your right to deserved compensation.
Why You Should Never Admit Fault After a Crash
Many drivers apologize after an accident, even when not fully responsible. Avoid doing that. Simple words like “I’m sorry” can be twisted to imply guilt.
Instead:
- Check for injuries.
- Call 911.
- Exchange information.
- Take photos and videos.
- Avoid discussing blame at the scene.
Let your lawyer handle communication with the insurance companies. They know how to protect your case from statements that could reduce your payout.
How a Houston Personal Injury Lawyer Helps When You’re Partially at Fault
If you’re partly responsible, an experienced lawyer can make a big difference. They will:
- Review police and insurance reports.
- Gather new evidence, like surveillance video or expert opinions.
- Prove your fault is less than claimed.
- Negotiate for fair compensation based on real damages.
Your lawyer also calculates how much your injuries, lost income, and pain are worth under Texas law. Without the help of an attorney, the insurers might attempt to make you settle for a low offer or take all the blame. That is why you need to seek legal advice immediately.
Damages You Can Still Recover
Although partly at fault, you can recover for:
- Past and future medical bills
- Repair or replacement of your car
- Lost wages or loss of earning capacity
- Pain and suffering
- Emotional distress
How much you recover is determined by percentage of fault and evidence of loss. Solid evidence earns you the most recovery.
What If You’re More Than 50% at Fault?
If you’re 51% or more at fault in investigation, your entitlement to compensation in Texas is forfeited. Evidence then comes into play. Skid marks or traffic camera evidence may make percentages of fault swing in your favor. That is the reason your lawyer works to reduce your percentage of fault and maximize the other driver’s errors.
The Role of Evidence in Reducing Fault
To make your case stronger:
- Seek medical attention right away.
- Save all receipts, physician’s notes, and prescriptions.
- Record pain levels and progress in healing.
- Save bills for automobile repairs.
- Do not post anything about the accident on social media.
It’s all the little records that give your claim more weight and support your attorney’s refute of outlandish fault claims.
Common Examples of Joint Causation of Fault in Houston Accidents
Partial fault most commonly happens in the following situations:
- Rear-end accidents: The front driver slammed on the brakes, but the rear driver is tailgating.
- Left-turn accidents: Either driver may misjudge speed or timing.
- Intersection collisions: One driver runs a red light while the other runs a yellow.
- Merging collisions: Both drivers merge into the same lane at the same time.
These are situations where fault isn’t always clear-cut. Texas law considers all the facts before it assigns percentages.
Why Time Is of the Essence When Making Your Claim
You usually have two years from the time of a car accident to bring a personal injury lawsuit in Texas. Waiting too long can destroy your right to recover damages. Suing early gives your lawyer time to collect evidence while it is fresh, talk to witnesses, and build a solid case.
Takeaway
Being partially at fault does not result in losing your case. Texas law allows for reasonable recovery to injured victims in cases in which both the victim and the perpetrator were at fault. The key is acting swiftly, keeping your trap shut regarding fault, and having a Houston personal injury attorney familiar with protecting your rights.
FAQs
- Am I able to recover if I was 40% at fault for a Houston car accident?
Yes. You can recover damages under Texas law if you are at fault less than 51%. Your payment will be reduced by your fault percentage.
- What happens if both drivers are 50% at fault in a Houston car accident?
If the fault was 50/50, both drivers may recover damages. They each receive a half of what they would otherwise have received.
- Do insurance companies or courts decide fault?
Insurance adjusters first decide fault by facts. If you don’t like it, your lawyer will take it to court.
- How will an attorney prove that I was not at fault in the majority of cases?
Your lawyer can use crash reports, depositions of expert witnesses, video cameras, and witness statements to minimize your degree of fault.
- What if the insurance company unjustly blames me?
Do not accept what they are offering. Have a Houston personal injury lawyer on the phone immediately. They will appeal and fight for justice.
Final Thought:
Blame is not a death sentence to your case. The right legal strategy can protect your recovery. If you were hurt in a Houston car wreck and think that you’re partially to blame, call Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys today. Your voice must be heard.
