COMPARATIVE FAULT
Comparative fault is a legal doctrine that reduces damages by a certain percentage if the person bringing suit is partially at fault. This doctrine is less strict as opposed to contributory negligence. Contributory negligence completely prevents a person from recovering damages if they are found partially at fault.
Texas has adopted the “modified” comparative fault legal doctrine, known as the “51% bar.” Under this doctrine, you can sue for damages even if you are partially at fault for an accident. However, if you are found to be more than 50% to blame for an accident, you cannot recover any damages. As such, if a court finds you 45% responsible for your injuries, the amount you’d be able to recover would be reduced by 45%. Whereas, if the court finds you 51% responsible for your injuries, you are prevented from recovering anything. Here are a few examples:
You slam your breaks after a deer runs across the street which causes the vehicle behind you to rear-end you, resulting in your injuries. The court determines you were 40% responsible for your injuries and the vehicle behind you were 60% responsible for your injuries. The jury awards you a total of $100,000.00 for your injuries. Based on Texas’s modified approach, your recovery is reduced by 40%. Therefore, your total recovery for the accident would be $60,000.00 instead of the full $100,000.00.
Same scenario as above, but the court determines you were 52% at fault for your injuries. In this instance, you are completely barred (prevented) from recovering anything from the lawsuit.
Most accidents are relatively straight forward concerning liability. However, if you find yourself questioning liability, please give us a call for a free consultation.
