How Comparative Negligence Works in Texas

Some cases are clear-cut. A commercial truck driver makes an illegal turn and hits your car: the accident is the truck driver's fault, and you are entitled to compensation. It would be nice if every accident could be so simple, but sometimes it can be very difficult to determine who is to blame for what. For this reason, it is a good idea to contact an attorney right way if you have been in a truck accident. He or she will be able to give you valuable advice about compensation you may be entitled to, as well as charges you may be facing.

It may seem like there are not many possible outcomes police officers, judges or lawyers are trying to determine blame for an accident: either one side is responsible, or the other is. In fact, Texas state law is more nuanced than that. Like many other states, Texas considers the possibility of "comparative negligence." This means that both parties are actually responsible for the incident.

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You may think that if both parties are responsible, they can just call it "even" and the case will be dismissed. This is not actually true. Even if one party is partially responsible, it does not relieve the other party of their obligations. For example, say you were in a truck accident because the driver of an 18-wheeler made an illegal turn while you were turning from a right lane into the left lane of the intersecting road. You were committing a faux-pas, which makes the truck driver somewhat less responsible for the accident. However, this does not change the fact that he or she broke the law and contributed to an accident. If you were injured, you may still be entitled to some compensation from the truck driver or his or her employer.

How Comparative Negligence Works in Texas

If a judge decides that comparative negligence applies to your case, he or she may still award you compensation, but it will be reduced by the amount for which you are responsible. For example, if you are determined to be forty percent responsible for the accident, you will receive sixty percent of the damages you are claiming. Your award will be reduced by the forty percent for which you are responsible. Of course, if you are found to be more responsible than the other party - if, say, seventy percent of the accident was your fault - then you will not be entitled to compensation at all.

More information about determining responsibility in truck accidents can be gained by contacting Houston truck accident attorneys Williams & Kherkher.

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