What Is Contributory Negligence and Does it Apply to My Case?

Civil laws in Texas allow you to pursue compensation for a personal injury or property damages if they resulted from someone else’s negligence or intentional wrongdoing. If you believe another person is responsible for causing your accident in Houston, you have the right to bring a cause of action against that person in the pursuit of financial recompense. He or she will then have the chance to use defense tactics to refute your claim and avoid liability. Contributory negligence is a defense you might hear during your case.

Contributory negligence is a common-law tort doctrine. It states that if an injured party (plaintiff) contributed to the accident or injury in question, this will automatically bar that person from any financial recovery. Contributory negligence laws leave no room for partial or shared fault. Any degree of fault by the plaintiff, no matter how small, will eliminate that party’s ability to recover compensation entirely. Under a traditional contributory negligence rule, just 1% of fault on the plaintiff’s part will lead to $0 in financial compensation for him or her, even if the defendant was 99% responsible.

Most states and jurisdictions have abolished the contributory negligence rule due to its extreme nature and negative consequences for many accident victims. Thirty-two states use comparative negligence or modified comparative negligence rules instead. In comparative negligence states, a victim’s contribution to the accident or injury in question will not bar him or her entirely from recovery. Instead, it will diminish the recovery award by a percentage equivalent to the plaintiff’s degree of fault.

Texas is in the majority in that it uses a modified comparative negligence rule. For example, if a plaintiff is 30% responsible for causing an accident in Texas, he or she could still receive the remaining 70% of a financial compensation award. Furthermore, Texas uses a 51% Bar Rule. Under this rule, if a plaintiff is more than 51% at fault for the accident, he or she cannot recover any compensation. Fifty-one percent liability is the cut-off point for a plaintiff to receive an award in Texas.

The comparative negligence defense might apply to your case if you were partially to blame or if the defendant is trying to allege that you were to blame. If you were not paying attention to the road but the other driver ran a red light, for instance, the other driver might try to minimize his or her liability by establishing your comparative fault using cellphone records or other evidence. If the defendant succeeds, you could receive less compensation. Hiring a lawyer from the start can help you prepare for and counteract a comparative negligence defense.

It is very important to hire an attorney if you think the defense will have reason to use a contributory negligence argument against you. Since Texas is a comparative negligence state, not a contributory negligence state, this argument may not bar you from receiving 100% of an award, but it could drastically reduce your recovery. If the defendant succeeds in convincing the judge or jury that you contributed to your own accident or injuries, the courts will reduce your compensatory award accordingly.

If the courts determine you to be 20% at fault for your accident, for example, and awarded a $100,000 verdict for your economic and noneconomic damages, they would reduce this award by $20,000. The amount you would take home is $80,000 rather than $100,000. The best way to combat a comparative negligence defense is by hiring a lawyer. Your lawyer can help preserve and present evidence in such a way as to prove the defendant’s fault or defend you from allegations of contributory negligence. A Houston personal injury lawyer can fight to maximize your recovery award.

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