What is Modified Comparative Negligence in Texas?

Some car accidents are straightforward with fault and negligence. However, some are not. Texas has modified comparative laws which impact your accident claim. With comparative negligence, you can have a lower settlement because some fault is placed on you. Insurance companies are notorious for using these laws to lower valid claims. Our Houston personal injury lawyers at The Doan Law Firm PLLC know how to fight back. 

What is Negligence?

It is vital to understand what negligence is before you can understand modified comparative negligence. All personal injury cases involve negligence. The definition by law involves several parts:

• The person or entity owed you a duty of care 
• They violated their duty 
• They caused you injuries
• You suffered losses 

You must prove these elements when you file an insurance claim. Failure to establish one of these elements will hinder your recovery claim. Let The Doan Law Firm PLLC handle proving negligence. 

What is Comparative Negligence?

You can still get compensation if you knowingly or subconsciously contributed to the accident. With comparative negligence, you can recover a portion of your losses, like medical bills and lost wages. You will have your settlement reduced by the percentage of fault you share. 

What is the Bar for Comparative Negligence?

Texas places bars on modified comparative negligence. It is a 51% bar meaning you cannot recover damages if your percentage fault is more than this. Essentially if you are more than 50% at fault, you cannot get any compensation. Conversely, you can recover compensation if you are less than 50% at fault. 

Examples of Comparative Negligence 

The most common example is car accidents. This is where insurance companies use modified comparative negligence the most. The accident’s cause can seem straightforward until an investigation happens. The insurance company will find that you made a minor mistake that contributed to the accident. That is their ticket to lower the settlement amount. 

Comparative Negligence and Victim Blaming 

Since insurance companies want to lower compensation claims as much as possible, they will rely heavily on modified comparative negligence. They will use the police report to find any inaccuracy they can use to leave you at fault. You can only fight this by presenting evidence to the contrary. A Houston car accident lawyer will find compelling evidence to show the facts. 

Compensation and Comparative Negligence 

The goal is to get compensation for your injuries and losses through an accident claim. Since Texas is a modified comparative negligence state, PIP insurance will help pay for some losses regardless of fault. You can get assistance for items like:

• Lost income
• Medical bills
• Ambulance and EMS 
• Medical equipment 
• Replacement household services 
• Funeral and burial expenses

You can get compensation for these and other losses through an accident claim. Your Texas car accident lawyer will uncover further compensation that you can request in your claim. 

Contact The Doan Law Firm PLLC 

After an accident, the claims process is confusing. The insurance company is fighting to lower your claim. They will pressure you to make recorded statements to use against you. The car accident lawyers at The Doan Law Firm PLLC can help you handle modified comparative negligence claims. Call our office to schedule a consultation.