In Texas, the modified comparative negligence law determines how fault is allocated in a car accident. Under this law, the amount of damages you’re able to recover may be reduced if you’re found to be partially at fault for the accident. Here’s what you need to know about the modified comparative negligence law in Texas:
- Texas is a modified comparative negligence state: In Texas, the modified comparative negligence law applies to car accident cases. This means that if you’re found to be partially at fault for an accident, the amount of damages you’re able to recover may be reduced.
- The law uses a “51% rule”: Under the modified comparative negligence law, you can only recover damages if you’re found to be less than 51% at fault for the accident. If you’re found to be 51% or more at fault, you’re unable to recover any damages.
- The amount of damages you can recover is reduced by your percentage of fault: If you’re found to be partially at fault for an accident, the amount of damages you’re able to recover is reduced by your percentage of fault. For example, if you’re awarded $10,000 in damages but you’re found to be 20% at fault for the accident, you’ll only be able to recover $8,000 in damages.
- The law applies to both personal injury and property damage: The modified comparative negligence law applies to both personal injury and property damage cases. This means that if you’re found to be partially at fault for an accident, the amount of damages you’re able to recover for both your personal injuries and any damages to your property may be reduced.
- It’s important to understand the law: If you’ve been involved in a car accident in Texas, it’s important to understand the modified comparative negligence law and how it may affect your ability to recover damages. An experienced car accident lawyer can help you understand the law and advocate for your rights.
In conclusion, the modified comparative negligence law in Texas determines how fault is allocated in a car accident and can affect the amount of damages you’re able to recover. It’s important to understand the law and seek the advice of an experienced car accident lawyer to protect your rights.