A small handful of states in the U.S. use a no-fault system for car accident claims, requiring a car accident victim seeking compensation to file a claim against their own insurance regardless of who caused the accident. Texas is not one of them. In Texas, a car accident victim, or the victim of any other fault-based injury seeking compensation, must file their claim against the responsible party’s insurance.
Like 34 other states, Texas operates under a modified comparative negligence system. If you’ve experienced a car accident in Texas, it’s important to understand how this fault-based car accident law affects your motor vehicle accident claim.
What Is Modified Comparative Negligence In Texas?
The Texas Civil Code describes the modified comparative negligence system under Chapter 33, Section 33. 003, as follows:
“The trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility, stated in whole numbers, for the following persons with respect to each person’s causing or contributing to cause in any way the harm for which recovery of damages is sought, whether by negligent act or omission …”
Under modified comparative negligence, even if the injury victim contributed to the accident, they may still recover a portion of their damages as long as they are less than 51% at fault. In these cases, the insurance company deducts the injury victim’s percentage of fault from the amount they pay on the claim under the doctrine of contributory fault included in the modified comparative negligence system.
A second key aspect of modified comparative negligence is the ability to file a third-party claim if another entity contributed to the accident. This allows an injury victim to maximize their recovery by bringing claims against multiple entities when the circumstances support it.
How Does the Texas Modified Comparative Negligence System Affect My Case?
No two accidents are the same. In some cases, a negligent, reckless, or impaired driver is 100% at fault and the injury victim contributed 0% to the accident. In other cases, both drivers contribute to a collision. Insurance companies investigate the accident and assign each involved party a percentage of the total fault. While this system highly benefits a car accident victim who truly did contribute to the accident, it also gives insurers a financial incentive to assign undue fault to injury victims, allowing the insurer to reduce the amount they have to pay.
For example, suppose one driver sideswipes another vehicle while changing lanes on an interstate highway, causing a car accident that injures the driver in the sideswiped car. It would seem that the driver who made the unsafe lane change is 100% responsible for the accident. But what if it was a foggy morning and the other driver didn’t have their headlights on? The lane-changing driver’s insurance company could assign the injured driver 25% fault for not using their headlights. If their accident-related damages total $100,000, the insurer only has to pay $75,000.
On the other hand, if a negligent road maintenance agency failed to repair a dangerous pothole despite knowing of its existence, the injury victim could file a third-party claim against the agency if the pothole was the reason the unsafe lane changer abruptly changed lanes. This third-party claim is an additional source of compensation for the injury victim.
What If an Insurer Assigns Me Undue Fault Under the Modified Comparative Negligence System?
Because insurers may protect their profits at your expense, it’s always to your advantage to hire an experienced, assertive Carrollton personal injury attorney to represent your best interests. An attorney on your side will conduct an independent investigation into your accident, with the goal of documenting compelling evidence of one or more at-fault parties’ full liability and making a meticulous list of your damages to maximize your financial recovery after a Texas car accident.