You’re trying to navigate traffic getting on the North Freeway. You need to make a quick decision to avoid an accident, and someone else rear-ends you. Now you’re hurt, you don’t know if the accident was your fault and you don’t know if you can get help.
Healing from an accident takes time and money, and insurance doesn’t always entirely cover everything that’s wrong. But Texas is a comparative fault state. This means you can seek compensation if a collision causes your injury, even if you may be partially responsible.
If you aren’t more than 50% at fault for an accident, you can file a suit for damages. However, this also means how responsible you are for your injury can reduce the compensation you receive. The factfinder, the judge or jury, will determine the portion of fault. They may then remove that percentage from the final amount they award you.
If you are following the law to the letter and get rear-ended by a car traveling dangerously fast, you could get the whole settlement amount. However, if you quickly change lanes to avoid an accident and that vehicle strikes you, the factfinder might say you share some blame in the crash.
Just what you need
Information is paramount in mounting your case. You can use anything you have regarding the accident like pictures, notes or eyewitness accounts to convince the court that you are in the right. Be wary of relying on police reports and issued tickets. Reports may not reflect the severity of an accident when read back, and injuries and evidence often come to light after the fact. Likewise, if a court dismisses any issued tickets they may be inadmissible.
Understanding comparative fault in Texas could make the difference in getting the help you deserve after an accident. Just because you had a small part in an accident doesn’t mean you don’t deserve your life back.