Understanding Comparative Negligence in San Antonio Personal Injury Cases

The state of Texas relies on a comparative negligence system. This system allows you to obtain compensation for an injury you sustained, as long as you were less than 51% at fault for that injury.

Going over the ways in which comparative negligence can affect San Antonio personal injury cases and speaking with a San Antonio personal injury lawyer may help you obtain compensation for the injury that you sustained.

What is comparative negligence?

The Texas comparative negligence law allows someone to obtain compensation for an injury they sustained, as long as they are found to be less than 51% at fault for this injury.

Just as an example, if someone is in a car accident and they sustain a concussion, they may be able to obtain compensation for this injury. But, if they were speeding when they sustained this concussion, they may be considered 40% at fault for this injury, and the party who hit them might be considered 60% at fault.

In the event that someone is found partially at fault for an injury they sustained, the compensation available to them will be reduced. But again, they can still obtain compensation, so long as they are 50% or less at fault; a claimant who is 51% or more at fault is barred from recovery.

How does comparative negligence work in San Antonio personal injury cases?

Comparative negligence, in San Antonio personal injury cases, tends to work in the following manner:

• You are injured due to someone else’s negligence.
• You work with a lawyer to outline the damages you sustained as a result of the injury.
• You are assigned a percentage of fault for the injury you sustained.
• If you are 51% or more at fault for an injury, you cannot obtain any damages.
• If you are considered less than 51% at fault for your injury, you can obtain damages.
• The damages available to you are reduced by your overall percentage of fault.
• Your lawyer argues for a reduced percentage of fault, so that you can achieve a better outcome.

Here are a few illustrative examples related to the above steps:

• You are injured in a car accident because the driver was texting while operating their vehicle.
• You are considered to be 10% at fault for this injury, since you were driving a little over the speed limit.
• Your damages add up to $20,000 due to the extent of the injuries you sustained.
• Due to you being considered 10% at fault for your injury, you can only receive $18,000 in damages.
• You work with a lawyer who argues that you are only 5% at fault, so that you can obtain more money.
• Your lawyer is successful, and you receive $19,000 in damages, instead of $18,000.

Every San Antonio personal injury case is different. Your case may differ from the above. But, regardless of the facts that underlie your case, comparative negligence will play a major role in determining your compensation.

What happens if multiple people are considered responsible for your injury?

Texas comparative fault laws mean that, if multiple people are considered responsible for your injury, each one of these people will be assigned a percentage of fault.

A good example of the above is as follows: if you were hit by a car that rear-ended your vehicle, but this car only rear-ended your vehicle due to being rear-ended by the vehicle behind it, those two cars could be considered at fault for the injury. You could potentially obtain compensation from both drivers, since they were both responsible for your injury.

The exact percentage of fault an individual will be assigned depends on their contribution to the injury. Returning to the example above, the driver who hit you might be considered 40% responsible for your injury, while the driver whose actions led to that driver hitting you could be considered 60% responsible for your injury.

If a defendant is more than 50% at fault, Texas law allows joint and several liability; you may collect the entire recoverable judgment from that defendant, who can, in turn, seek contribution from others.

Comparative negligence can be very difficult to navigate if multiple people are considered responsible for your injury. A personal injury lawyer can help you navigate this system and obtain the compensation you are seeking.

How can a personal injury lawyer help you?

A personal injury lawyer can help you deal with comparative negligence by:

• Going over the facts of your case and clarifying the damages you are entitled to.
• Gathering evidence that supports the damages you are seeking.
• Presenting this evidence in a way that helps you obtain these damages.
• Arguing for a percentage of fault that aligns with the damages you are seeking.
• Gathering/presenting evidence that supports the percentage of fault you need for the damages you seek.

Regarding the last point, if you would like to obtain any damages, you must be considered less than 51% at fault for the injury. And, your percentage of fault must align with the damages you are seeking – being 10% at fault, for example, would allow you to recover 90% of the total amount you are seeking. To do this, a personal injury lawyer can:

• Gather/present photographs and videos that suggest a favorable fault percentage of fault.
• Bring witnesses that support your claims and reduce your overall percentage of fault.
• Use your medical records to demonstrate that you are not at fault for the injuries you sustained.

Other tactics can be employed. The goal of these tactics is to bring you the best possible settlement.

Obtaining compensation for your injury by working with a personal injury lawyer

Comparative negligence can be hard to navigate. But Pat Maloney: Accident & Injury Attorney is here to make the process less stressful for you and your family. Use our contact form to speak with one of our San Antonio personal injury lawyers today. We are ready to help you.