Even a seemingly minor car accident can result in devastating consequences. Accident victims often must deal with severe and long-lasting physical injuries, emotional distress, pain and suffering, and an inability to work. Fortunately, victims may be able to recover compensation from the parties responsible for their accident to provide them with financial support during their recovery by filing a personal injury claim.
Who is at fault for my accident?
There may be multiple parties who should be held liable for your accident, depending on the circumstances surrounding the crash. Here are a few parties that may be at fault:
- The driver of the other vehicle: If the other driver acted negligently by failing to adhere to the rules of the road, they may be liable for the accident.
- The owner of the other vehicle: If the owner of the other vehicle negligently entrusted their vehicle to the negligent driver, they may also be liable for the accident.
- The employer of the other driver: If the other driver was operating their vehicle/their employer’s vehicle while within the scope of their employment, their employer may be liable for the accident.
When you file a personal injury lawsuit, the judge or jury will apportion fault to the parties involved. For example, the other driver may be 80 percent at fault for your accident due to their failure to yield the right-of-way or their failure to stop at a stop sign, while the owner of that vehicle may be 20 percent at fault.
What happens if I am at fault for my own accident?
Under Texas’ modified comparative negligence laws, you may still recover damages after an accident if you are 51 percent or less at fault for your accident. However, your damages will be reduced based on the percentage of fault apportioned to you. For example, if you are 30 percent at fault, your $100,000 award will be reduced to $70,000.
If you are thinking about filing a personal injury claim after an accident, it may be in your best interest to contact an attorney. Your attorney can review your case and give you an idea of how much compensation to expect if you go forward with your claim.