Understanding Comparative Fault

November 1, 2018 | By David M. White
Understanding Comparative Fault

Each state deals with fault in car accidents in different ways. Texas is what is known as a comparative fault state. Understanding what comparative fault is and how it can impact your personal injury claim after a motor vehicle accident is important in ensuring that you receive the compensation you deserve. In order to navigate comparative fault and ensure the most favorable outcome possible, the help of a car accident lawyer from Abilene may be necessary.

What is comparative fault?

Comparative fault refers to the fact that each driver in a car crash is responsible to pay damages for the percentage of the crash for which they were at fault. For example, if you are found (by the insurance companies or the courts) to be 25 percent at fault, you will need to pay for 25 percent of the damages. This is the reason all drivers in Texas are required to carry a certain amount of liability insurance–so they can cover the damages they are responsible for in a car accident.

How does comparative fault apply to personal injury claims?

Comparative fault may make sense in that it ensures that no driver has to pay for more damages than they are responsible for. However, it can also impact the amount of settlement you receive in a personal injury claim. Your compensation can be reduced by the percentage at which you were at fault. For example, if you are found to be 20 percent at fault for an accident, then a settlement that would otherwise have been $100,000 may be reduced by 20 percent to $80,000.

Thanks to the potential for comparative fault to reduce your compensation, you need an experienced car accident lawyer from Abilene to help ensure that you receive the settlement you deserve. This professional can collect evidence (such as witness statements and police reports) that can help to establish the fact that you deserve as much compensation as you are requesting.

Comparative fault can impact your ability to pursue a personal injury claim.

As mentioned above, comparative fault can impact the amount of compensation you receive in a personal injury claim after a motor vehicle accident. In addition, in some cases, the idea of comparative fault can also prevent you from pursuing a personal injury claim. In cases where you are found to be 51 percent or more at fault for the accident, you may not be able to pursue a personal injury claim at all.

When faced with the potential to lose out on the settlement you deserve by not being able to file a personal injury claim, you will need the help of a car accident lawyer from Abilene. This professional can pursue evidence that proves that the other person was more at fault than you were for your car accident. Having a lawyer look over your case may help you to more clearly see what is possible as far as pursuing a settlement for your car crash.

Comparative fault in Texas can impact your personal injury claim. Hiring a personal injury lawyer from Abilene, therefore, can be a wise move as you decide whether you can file a personal injury claim and pursue the compensation you deserve for injury and damages you sustained in a wreck. Do not hesitate to reach out to the Law Offices of David M. White, where our experienced attorney can assist you in facing the fallout from your motor vehicle accident.

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David M. White


David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.

If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.

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