If you are partly to blame for your car accident, Texas’s Civil Code allows you to seek compensation proportionate to your responsibility for the accident. In other words, you may still recover compensation so long as you aren’t responsible for 51 percent or greater of the cause of the accident.
In many accidents, two or more parties contribute in some way, but one of the parties is most at fault for the collision. Those with less responsibility for the car accident can pursue fair compensation from the most at-fault party or their insurer.
Partly to Blame for My Car Accident Guide
- What Texasâs Civil Code Says About Car Accidents Where Multiple Parties Share Fault
- How Insurance Companies, Attorneys, and Juries May Calculate the Share of Liability for a Car Accident
- How Does Proportionate Responsibility Work From a Financial Perspective?
- Your Choice of Attorney Could Largely Determine the Share of Fault Youâre Assigned for Your Car Accident
- Motorists in Texas Are Fortunate That They Can Pursue Partial Damages for a Car Accident
- Services Car Accident Lawyers Provide in Proportionate Responsibility Cases
- Recoverable Damages Your Lawyer Will Consider During Your Car Accident Case
- Get Help from an Experienced Car Accident Attorney Today
What Texas’s Civil Code Says About Car Accidents Where Multiple Parties Share Fault
State law establishes proportionate responsibility. You may also hear those speaking about car accidents refer to proportionate responsibility as contributory fault or comparative negligence.
For example, the law in Texas states that “each of the defendants who is jointly and severally liable under Section 33.013 is liable for the damages recoverable by the claimant under Section 33.012 in proportion to his respective percentage of responsibility.”
In other words, those involved in a car accident must pay a percentage of damages that matches their percentage of fault for the collision.
Examples That Illustrate Texas’s Proportionate Responsibility Statute
In countless scenarios two motorists, or a motorist and another party, can share blame for an accident.
Some hypothetical examples of shared fault include:
- A motorist’s brakes fail because of a defect, but the motorist is partially at fault because they tailgated the vehicle they struck.
- A motorist changes lanes and a speeding, oncoming vehicle strikes them—in which case the motorist should not have changed lanes, but the speeding motorist also shares fault for the accident.
- A driver pulls out of a parking spot more quickly than they should, and a motorist speeding through the parking lot strikes their vehicle.
The phrase pay your fair share adequately summarizes the principle of proportionate responsibility in Texas auto accident cases. In these examples and countless others, each motorist shares some fault for the accident, but one might shoulder more liability than the other.
The motorist who is more to blame for the accident must pay their fair share of the costs. According to Texas’s proportionate responsibility laws, drivers do not have to pay more than their fair share.
How Insurance Companies, Attorneys, and Juries May Calculate the Share of Liability for a Car Accident
This process may not be as precise as you might think. Like splitting the bill on a family-style meal, those determining the shared responsibility for an accident may, more or less, rely on common sense and estimation.
Some questions insurers, attorneys, and jurors may consider as they establish the share of fault for an accident may include:
- Which party’s conduct was more egregious?
- Would the accident have happened if not for the conduct of either party?
- Can we definitely assign more blame to one party than the other?
- Based on all available facts, evidence, and witness accounts, what is a fair split of blame for the accident?
Some accidents provide a clearer-cut picture of fault than others. However, most motor vehicle accidents involve plenty of gray areas. This makes hiring an attorney a smart move following a car accident, as a skilled lawyer may frame your accident in a way that shapes how a jury assigns fault.
Who Has the Final Say Over Percentages of Fault for a Car Accident?
Proportionate responsibility often comes into play in lawsuits. When two sides cannot agree about who shares what amount of responsibility for a car accident, the case may proceed to trial. Then, a jury will decide what share of responsibility the plaintiff and defendant have for the accident (and resulting damages).
In assessing proportionate responsibility, a jury may consider:
- Video footage of a collision
- Eyewitness accounts of the collision
- Experts’ digital or physical reconstructions of a collision
- Lawyers’ oral arguments explaining why a certain party is more at-fault than their client
- A police report
- Any other relevant evidence, testimony, or arguments
There are many potential causes of car accidents. From risky driving to intoxication, vehicle defects, and dangerous road conditions, many different people and circumstances can cause collisions. It is not always easy to separate these causes and assign a percentage of responsibility to each, but that is what juries must do.
How Does Proportionate Responsibility Work From a Financial Perspective?
The share of responsibility someone has for an accident determines how much of the monetary damages they must pay. Usually, the person with the higher percentage of blame must pay compensation in a car accident lawsuit. The party receiving compensation is the plaintiff (though exceptions exist where a jury sides with the defendant).
Settlements and losses vary widely, as well as the apportionment of fault, so you cannot rely on any examples of dollar amounts or percentages regarding your situation.
Your Choice of Attorney Could Largely Determine the Share of Fault You’re Assigned for Your Car Accident
There’s no way around it: Determining the share of fault for a car accident is a somewhat subjective exercise. How do you accurately determine whether the person backing out of a parking spot blindly or the motorist speeding through the parking lot is more to blame?
In many cases, a jury’s decision of how to assign fault comes down to a single question: Which attorney’s argument is more convincing?
Your attorney may make their argument that you share the lesser percentage of proportionate responsibility by:
- Arguing that what you did to contribute to the accident was relatively minor compared with other liable parties’ contributions
- Citing witness accounts that indicate the other party initiated the circumstances that caused your collision
- Citing evidence that suggests the other driver’s actions were extremely negligent, such as cell phone records indicating the other motorist texted while driving
- Accepting that you had some responsibility for the collision but maintaining that your actions alone would not have caused the accident
Lawyers tailor their approach to fit the facts and evidence available to them.
Your Lawyer May Use the Liable Party’s Words or Actions Against Them
When possible, car accident lawyers make their case by citing none other than the defendant themself. For example, if another motorist told you that they did not see your vehicle because they were looking at their phone at the time of the accident, you may provide testimony of this admission.
In another example, say that a brake pad manufacturer recalled their product in the time since your accident. If your accident resulted from defective brakes, the recall may indicate that the manufacturer produced defective brakes. Even if you were tailgating at the time of the collision, functioning brakes may have prevented the accident.
While these examples represent relatively rare scenarios, they indicate how an at-fault party may help your case through their own words or actions. A skilled attorney will take full advantage of such fortunate circumstances.
Motorists in Texas Are Fortunate That They Can Pursue Partial Damages for a Car Accident
In some states (though there are only a few), motorists who are partly to blame for their car accidents may not pursue any damages through a lawsuit. If a motorist is even one percent responsible for their accident, they may not seek compensation for damages.
In Texas, you can receive compensation for damages if your proportionate responsibility for the accident is 49 percent or less. Take advantage of these rules by hiring an attorney who will fight for every dollar you are entitled to.
Services Car Accident Lawyers Provide in Proportionate Responsibility Cases
Car accident attorneys provide full service for their clients, handling claims and lawsuits from start to finish. As someone involved in an accident with shared fault, expect a car accident lawyer to:
Handle the Daily Responsibilities of Your Case
Attorneys handle the administrative duties of car accident cases, including two critical responsibilities:
- Communications (including dealings with insurers)
- Paperwork
By managing communications, your lawyer will protect you from insurers eager to withhold compensation from you. You’ll also focus on recovery without being bothered by phone calls, letters, and other correspondence.
The slightest error or delay in drafting or filing paperwork can be devastating to your case. Attorneys have paralegals who ensure the accuracy and timeliness of claims, lawsuits, demand letters, motions, and other paperwork that may be part of your case.
Gather Facts and Evidence from the Accident
Your attorney will gather all available facts and evidence pertaining to your accident.
This may include:
- Eyewitness testimony
- Statements motorists involved in the accident (including you) gave to law enforcement officials and insurance companies
- Relevant video footage
- Expert testimony
- Experts’ reconstructions of the accident
- Photographs of the accident scene, including damaged vehicles
Your attorney will determine exactly why your accident happened. They will identify the causes of the collision, of which there may be more than one.
Establish a Reasonable Share of Fault
With all relevant facts and evidence in their possession, your lawyer will determine proportionate responsibility for the car accident. They may rely on experience from previous cases, the opinions of experts, and their own legal knowledge to determine what fault you (and others) have for the accident.
Your lawyer will use this proportionate responsibility calculation to determine what a fair settlement looks like.
Calculate and Document Your Damages
Your attorney will calculate your accident-related damages. Your lawyer may then deduct your percentage of fault from the value of your damages. Then, your attorney will know how much money you deserve from the more-liable parties.
Your lawyer will document your damages in preparation for settlement talks and may gather:
- All of your accident-related medical bills
- Images of your injuries
- Experts’ testimony about your injuries, pain and suffering, and other damages
- Invoices for vehicle repairs and other property expenses
- Proof of lost income
- Projections for any future damages you are likely to experience
Attorneys calculate damages for every client they represent. Allow these experienced professionals to calculate a fair settlement for you.
Explore Settlement Offers
Your lawyer will represent you in settlement negotiations. If insurance companies or other liable parties can agree on a share of fault for the accident and accept your lawyer’s calculation of your damages, a settlement may be possible.
Proceed to Trial if Necessary
Settling may be more complicated when parties share blame for an accident. Though most civil cases settle, your attorney may be confident in convincing a jury that you have a lesser share of the blame for your accident.
Lawyers decide whether to go to trial on a case-by-case basis. Your attorney should keep you in the loop during settlement negotiations. If they don’t negotiate the settlement you deserve, they may advise you to let them take your case to trial.
Recoverable Damages Your Lawyer Will Consider During Your Car Accident Case
Each case presents different damages, but some common damages in car accident cases include:
- Pain and suffering, which can include physical pain, post-traumatic stress disorder (PTSD), scarring and disfigurement, lost quality of life, and other non-economic damages
- Lost income
- Diminished earning power
- Medical bills
- Disability (and the economic and non-economic damages that disabilities cause)
- Vehicle repairs
- Replacement of damaged property like clothing and cell phones
Your lawyer will identify and value all of your accident-related damages. They will then fight for the settlement or judgment you are entitled to.
Get Help from an Experienced Car Accident Attorney Today
Waiting to hire a lawyer can have catastrophic consequences. Vital evidence may become unavailable, witness accounts may fade, and your case’s filing deadline may expire.
If you want an experienced legal professional to fight for the compensation you deserve, hire a personal injury lawyer as soon as possible.