This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas
Attorney Discusses Proportionate Responsibility or Partial Fault in a Texas Car Accident
Myth: Partial fault for a car accident will disallow any injury or property damage claims against other drivers also at fault.
Fact: Most Texas car accidents involve some level of fault among all drivers involved in the car accident – and most drivers can recover some, if not all, compensation for any injuries or property damage sustained as a result of the accident.
Legally, this principle is known as proportionate responsibility – each driver is held proportionately responsible for his or her amount of liability. Proportionate responsibility is either determined by a jury, a judge, or by mutual agreement of the liable parties. If an injured driver is less than 51% responsible for the accident and resulting injuries, the injured driver can still recover from injuries and property damage.
Though this concept is clear-cut, the application of proportionate responsibility is complex. Most often, a juror or judge will determine the appropriate level of responsibility based on the presented evidence from the car accident, proving liability for the accident. And usually, the opposing car insurance companies will be fighting to minimize their liability – and minimize their resulting payouts to you, the injured party. This means all the evidence, expert testimony, witness statements, police reports, and forensic data will be key to apportioning responsibility. This also means you need an experienced proportionate responsibility attorney to convince the judge and jury that you were minimally responsible for the car accident – and that the other parties hold a majority of liability.
Contact our Law Office today for a review of your personal situation. Our car wreck attorneys are highly experienced in determining liability and proving damages and injuries you sustained in the car accident. Don’t let the insurance companies and other drivers trick you into giving up your legal rights – call us today for your personalized consultation.