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Can I Still Recover Compensation For My Car Accident Injuries Even If I Was Partially At Fault?

Yes, you can. Texas law allows injured individuals to recover damages even if they share some responsibility for an accident. The best way to determine whether you have a valid compensation claim is to seek legal guidance.

Texas Modified Comparative Negligence Law

Texas follows a modified comparative negligence rule, meaning you can recover compensation if you are less than 50% responsible for the accident. However, your settlement will be reduced by your percentage of fault. This is known as the “51% bar rule.”

For example, if your claim is valued at $90,000 but you are found to be 10% at fault, your compensation would be reduced to $81,000. If you are 51% or more at fault, you cannot recover any damages.

Insurance companies may attempt to exaggerate your level of fault to minimize their payout. That is why securing strong legal representation is crucial.

The Importance of Legal Representation

Insurance companies aim to protect their profits by reducing or denying claims. They may argue that your negligence played a significant role in the accident to limit their liability. A skilled attorney will challenge these claims and work to ensure you receive fair compensation.

At Abraham Watkins, we offer a free consultation and work on a contingency fee basis, meaning you pay nothing unless we win your case. Our firm has served injury victims for over 75 years, utilizing extensive resources and experience to fight for maximum compensation.

Call us at  713-222-7211 for a free consultation.

Common Situations Where Multiple Parties Share Fault

Not all accidents are straightforward. Many involve more than one negligent party. Some common scenarios include:

  • Distracted Driving – If one driver was texting but the other was speeding, both could share fault.

  • Speeding – A driver exceeding the speed limit might still recover damages if the other driver ran a red light.

  • Truck Accidents – Large truck accidents often involve multiple liable parties, such as the truck driver, trucking company, or cargo loaders.

  • Avoiding Hazards – If a driver swerves to miss an obstacle but causes an accident, responsibility may be shared with the entity responsible for road maintenance.

Personal Injury Lawsuits and Comparative Negligence

Most personal injury claims settle outside of court. However, when multiple parties are involved, litigation may be necessary. If your case goes to trial, a judge or jury will determine each party’s percentage of fault.

Trials can be costly and time-consuming, so insurance companies often prefer to settle. Having an attorney prepared to go to trial can strengthen your position during settlement negotiations.

Establishing Fault in a Texas Car Accident

To recover damages, you must prove negligence. In Texas, negligence consists of four key elements:

  1. Duty of Care – Every driver has a legal duty to operate their vehicle safely and follow traffic laws.

  2. Breach of Duty – A driver breaches their duty by engaging in reckless or negligent behavior, such as speeding or driving while distracted.

  3. Causation – You must prove that the at-fault driver’s actions directly caused the accident and your injuries.

  4. Damages – You must demonstrate that the accident resulted in compensable losses, such as medical bills, lost wages, and pain and suffering.

Wrongful Death Claims and Comparative Negligence

If you lost a loved one in an accident where they shared some fault, you may still pursue compensation through a wrongful death claim. In Texas, the deceased’s spouse, children, or parents can seek damages, including medical expenses, funeral costs, and loss of companionship.

The same comparative negligence rules apply, meaning compensation may be reduced based on the deceased’s percentage of fault. Our team at Abraham Watkins understands the emotional challenges of these cases and will handle the legal aspects while you focus on healing.

Available Damages in a Texas Car or Truck Accident Case

An accident can cause significant financial strain due to medical bills, lost income, and other expenses. Available damages may include:

  • Economic Damages – Medical expenses, lost wages, and future medical costs.

  • Non-Economic Damages – Pain and suffering, emotional distress, and loss of quality of life.

At Abraham Watkins, we will carefully assess your damages to ensure you seek full and fair compensation.

Contact Abraham Watkins Today

If you or a loved one have been in a car accident, reach out to the skilled car accident lawyers at Abraham Watkins. Our team understands the complexities of car accidents and is well-versed in applicable laws. We will carefully evaluate your case, identify any responsible parties, and fight tirelessly for maximum compensation on your behalf.

At Abraham Watkins, we have the knowledge and experience necessary to thoroughly investigate your case, gather supporting evidence, and negotiate with insurance companies to fight for fair compensation. If the insurance company fails to offer a reasonable settlement, we are fully prepared to file a lawsuit on your behalf and take your case to trial. Seeking compensation does not have to be stressful. With our help, you can focus on your recovery.

With a legacy spanning over 75 years, Abraham Watkins is a national leader in protecting the rights of personal injury victims, including car accident victims. Our team of attorneys is eager to hear your story and guide you through the legal process.

Schedule a free consultation today by calling our office. Remember, we take all personal injury cases on a contingency fee basis, so you won’t owe us anything unless we win your case.

Arrange a free legal consultation today at 713-222-7211.

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