If the Accident Was Partially My Fault Do I Still Have a Claim?

In personal injury cases, it can be tough to determine who is at fault. The fault in a personal injury case is the main factor in calculating rights and amounts of compensation. Any time a personal injury case is filed, the insurance company will do everything in its power to prove the plaintiff in some way caused the injury through his or her own actions. This limits how much they have to pay out in compensation.

If you’ve been injured, it is important to contact an experienced Houston personal injury attorney to assist with your case. Attorneys will acquire all necessary paperwork and documentation to help substantiate your claim and get you the most compensation possible.

Proving Negligence

With all personal injury cases, negligence must be proved based on a number of factors. First, a dangerous situation must exist on the owner’s property, such as an unrepaired sidewalk, large pothole, loose scaffolding, etc. Second, it needs to be proven that the property owner knew about the situation, had ample time to fix it, but did not do so or did not make people aware of the situation. Third, it needs to be determined that the injury was not a result of your own negligent behavior, within reason. Some states require that you cannot be at fault for your accident even by 1%. Other states allow you to seek compensation even when you are partially at fault.

Determining Fault Percentage and Compensation in Texas

Many states elect what is known as the contributory negligence clause when it comes to determining fault in a personal injury accident. This clause states that if the plaintiff is any way at fault for the accident because of their own behavior, they are not allowed to seek compensation. This means plaintiffs found to be only 2% at fault cannot sue the other negligent party.

Luckily, the state of Texas does not abide by this clause. Texas follows what is known as the modified contributory negligence clause, which means victims of personal injuries can still seek compensation even if they’re partially at fault. Plaintiffs may be no more than 50% at fault for an accident, or else their case will not be eligible. For example, if you’ve been injured in a slip-and-fall case, and it is found that you are 30% at fault because of your own negligence, you will be able to receive compensation reduced by your 30% fault. If your compensation was calculated at $100,000, you will only receive 70% of that amount.

However, if you were found to be 51% at fault because of your own negligence, you will not be eligible to receive compensation. You can see why it is important to contact an experienced Houston personal injury attorney. Proving negligence can be tricky and requires the help of experienced attorneys who know how to collect and present evidence in your favor.

Other Fault Laws in Texas

Texas also follows what is known as the “one bite” rule when it comes to dog bite suits. This rule states owners can and will be held responsible for injuries caused by their dog as long as the victim can show that the owner should have been aware that the animal was dangerous.

Traditionally, the “one bite” rule means that dogs have “one free bite” before the owner can be held liable. However, if it can be proven that the dog is a historically aggressive breed, something happened to make it aggressive, and the owner did not make people aware of the behavioral change, then the victim will be entitled to compensation. Like all personal injury suits, the evidence will need to substantiate the claim.

Contact us today

If you have been injured and you believe someone else may be partially or wholly at fault, contact an experienced Houston personal injury attorney today at 800.773.6770.