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The Hart Law Firm

Do I have a case against the other driver if I was partially at fault in causing my car crash?

If you were partially at fault in causing your car crash, you could still be entitled to compensation for at least part of your lost wages, medical bills, and emotional trauma from the other driver under the comparative negligence law in Texas. Your recovery might be substantial, so don’t let your own beliefs about your level of fault stop you from pursing a claim for the money you need while you heal from your injuries.

How Comparative Negligence Could Affect Your Recovery

Texas follows the doctrine of modified comparative negligence. It allows an injured victim to recover a portion of damages if he was partially at fault in causing his crash. Comparative negligence in Texas works as follows:

  • If the victim was less than 51% at fault in causing the collision, he would be entitled to compensation. However, the amount of his recovery would be reduced by the percentage of his fault in causing the crash. For example, if a victim was 25 percent at fault in causing a wreck, he could receive a recovery of 75 percent of the damages he was entitled to.
  • If the victim is 51 percent or more at fault in causing a collision, he would not be entitled to any recovery.

Even if you were negligent in some way—for example, if a brake light wasn’t working when you were rear-ended or you turned your head for a few seconds to talk to your child—your negligence could have played a small part in what caused the crash. You need to consult with an experienced car crash attorney who can advise you on how your own actions could affect your settlement. Call our experienced legal team at (817) 380-4888 or start an online chat to schedule a free consultation where we’ll be happy to explain this to you.


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