Austin, TX – Fault is an important concept in car accident lawsuits, as fault also coincides with financial responsibility for the crash. Things like evidence from the crash scene and whether any driver committed traffic violations can be used as evidence of negligence and fault. The victim’s attorney will attempt to file a negligence lawsuit against the person or business who they believe was responsible for the crash. This party will have to pay out various kinds of damages to the plaintiff, although the amount that the victim receives may be reduced if they were negligent as well.
Attorneys who routinely handle accident cases in Texas can explain the state’s system of negligence more thoroughly, as well as any related matters.
The negligence case
The plaintiff must show all of the elements of negligence. These include the relevant duty of care on the roads, a breach of that duty of care, actual causation of the accident, and damages or losses caused by the defendant. All of these elements must be present, otherwise the lawsuit will not succeed if even one element is missing.
Modified comparative negligence
The state of Texas uses a system of negligence that is known as modified comparative negligence. Under the doctrine of comparative negligence, fault for an accident can be divided between everyone involved to equal one hundred percent. Those who are partially at fault can still sue, but their damage award is reduced in proportion to their level of negligence. Under the modified comparative negligence system, a plaintiff who is more than half at fault cannot collect any damages at all. This allows plaintiffs with some level of fault to still collect a reasonable amount of compensation, which is always helpful.
How does partial fault affect the damage award?
This can depend on the specific level of fault assigned to the plaintiff based on the facts of the case. A plaintiff who is only one or two percent at fault will receive almost all of their damages, while a plaintiff who is almost half at fault for the crash will lose a large amount of their compensation. Settlement negotiations can also be affected if the defendant’s attorneys believe that the plaintiff would be found to be partially or mostly at fault if the case went to trial and was decided by a jury.
Accident lawyers in Austin
Robson Law Firm is available to help anyone who has recently been involved in a motor vehicle crash in the Austin area and nearby parts of Texas. Their attorneys can provide advice about the process to bring a civil lawsuit for compensation and all related problems and issues.
Firm contact info:
1114 Lost Creek Blvd., Suite 440, Austin TX 78746
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