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Can I Make A Personal Injury Claim If I Am Partly At Fault?

Texas has a unique method of apportioning fault between participants to an accident. The statutory method, called “comparative responsibility, ” is a fairly fair way of distributing fault after an accident.

Usually, it is up to the jury to decide whether or not someone caused the accident. Typically, a jury question lists all participants and asks the jury to apportion the fault between them – with a total of 100%.

Types of Personal Injury Cases Where Fault is Apportioned

In effect, the jury usually determines fault based on a percentage of each person’s responsibility for causing the accident. When both parties may have some responsibility for the accident, the jury usually apportions the blame by determining a percentage of fault for each person or entity designated.

The comparative responsibility scheme will not bar them from collecting damages as long as the personal injury victim is 50% or less at fault for an accident. It is noteworthy that an injury victim’s damages will be reduced by their percentage of fault.

By way of example, if an injury victim were found to have suffered damages of $1 million yet also found to be 10% responsible for the accident, the damages would be reduced by 10% to account for the victim’s fault.

However, if the personal injury victim is found to have been 51% or more responsible for the accident, the victim may be precluded from recovering damages under the Texas statutory scheme.

You may Still Recover Damages

In short, personal injury victims who are partly responsible in Texas can still recover damages as long as they are not a majority of the cause of the accident.

If you have questions regarding whether or not you can maintain a case or whether a case is worth pursuing on your behalf, contact an experienced and reputable Houston personal injury attorney as early as possible, as certain time limits apply to all claims that can bar a case that is not timely brought.

Greg Baumgartner

attorney greg baumgartner

Greg Baumgartner has practiced personal injury law since 1984. He holds not one but two law degrees and is a graduate of Trial Lawyers College. He is licensed in Texas and Colorado. Mr. Baumgartner has earned a reputation for exemplary results for his clients. And has been preeminent rated for decades and recognized by Top 100 Trial Lawyers, Super Lawyers, Expertise, Newsweek, Houstonia magazine, and many others. He has given educational talks to lawyers and many media interviews regarding personal injury cases.