Did you know that different states have different rules when it comes to when you can collect damages after a car accident?
In a small number of states, you cannot recover any compensation for your losses if you contribute even the slightest bit to your accident or injuries. The vast majority, however, follow some version of a “comparative negligence” rule. That includes Texas.
Every comparative negligence state has its bar
A few states use what is known as a “pure” comparative negligence rule, which means that injury victims can pursue a claim for damages even if they’re 99% at fault for their own injuries. The others, including this state, have a “modified” rule, which sets the bar a lot lower.
Here, the 51% Rule says that you must be 50% or less responsible for your own losses if you hope to recover any compensation. Even then, however, the compensation you receive will be reduced according to your degree of fault.
In practice, that might look like this: You’re a guest at a house party, and you become intoxicated. You end up falling down a set of unlit steps and injuring yourself. Your total losses, including any future estimated medical expenses, are estimated to total $200,000. Unable to settle your claim, you go to court and the jury decides that your host was 75% responsible for your injuries but you share 25% of the blame because you were drinking heavily. You would still be due damages, but that $200,000 would be reduced 25%, to $150,000.
Because personal injury claims can be more complicated than most people realize, it’s important never to give statements to the at-fault party’s insurance company until you’ve secured the appropriate legal guidance. You never know how something you say can be twisted against you to make it seem like you’re partially to blame.
