Modified Comparative Negligence

Texas is a modified comparative fault state, meaning that in order to be eligible for compensation following a motor vehicle accident, the plaintiff must show that the other driver was negligent. If multiple parties are held liable for the victim’s harm, each is responsible for reimbursing him or her according to its proportion of responsibility. If the victim is at fault, his or her recovery will be correspondingly reduced. If the injured party was 51 per cent or more at fault, he is excluded from receiving compensation under the modified comparative fault approach. As a result, if the victim of an accident demands payment, he will be unable to recoup any money. The modified comparative fault method is used by 33 states. If the plaintiff has a fraction of the blame rather than the majority, he or she may not receive compensation in certain modified comparative fault jurisdictions (50% of the responsibility).

The modified comparative fault rules in Texas prevent plaintiffs from obtaining compensation from defendants who are only partially responsible for their damages. As a result, a motorist injured in an accident must have less responsibility than the other driver in a two-vehicle collision.

A defendant who causes an accident may avoid responsibility, but the harmed plaintiff is responsible for the majority of his damages. A defendant can avoid liability for most of the plaintiff’s injuries, even if he or she caused the accident, by arguing that the victim did not use a seat belt. If an injured party does not buckle up, a defense attorney might claim that his or her injuries were more severe because he or she was not wearing a seat belt. In Texas, the jury is frequently permitted to learn if the injured person was wearing a seat belt. In Texas, it is illegal to drive without wearing a seatbelt.

Examples Of Modified Comparative Negligence Rules

Consider a few examples of how modified comparative negligence rules function:

• No Recovery 

You’re both approaching a four-way stop when you hit each other in a vehicle accident. Because you were both engaging in risky driving techniques, the jury determines that you and the other driver are 50% responsible for what occurred. Because you are responsible for half of the damage, you receive nothing.

• Lessened Recovery 

When you merge with a big rig and cause a truck accident, you are inadvertently speeding through its blind spot. Because your dangerous driving was found to be a contributing factor in the accident, you are liable for 20% of the damage and the trucker is responsible for 80%. The truck driver can’t be made to pay up, but you can still get compensation from the trucker’s insurance since your liability is less than 50%. Any payment you receive, on the other hand, will be reduced by an amount equal to your liability percentage, which is 20 per cent.

• Complete Recovery

You are in a retail shop and round an aisle corner only to fall on a spill there. There were no warning signs in the area, according to store cameras, and the spill was there for four hours before being cleaned up. You are not assigned any liability. You can seek compensation from the store without reducing your liability because it is 0%.

What’s The Difference Between Modified Comparative Negligence, Pure Comparative Negligence, And Contributory Negligence?

Comparative negligence is a state law. While all states have some form of comparative negligence legislation, the laws may vary substantially across jurisdictions. In many states, modified comparative negligence applies. Pure comparative negligence is used in other jurisdictions. Some states utilize modified comparative culpability, while others use the rules of pure comparative liability and contributory neglect.

Comparative negligence allows an accident victim to recover a percentage of their losses even if they contributed to the accident in some capacity. Even if the victim is 99 per cent responsible, they can still seek compensation from a negligent party for the remaining one per cent of damages.

Victims in states with a contributory negligence system can’t sue if they were merely one per cent at fault. Even if a victim is just 10% at fault, courts in states with contributory negligence rules will not allow the victim to obtain any compensation. Texans didn’t believe it was fair to prevent someone from recovering if they were only marginally at fault. As a result, Texas adopted modified comparative negligence as its method of compensation.

Talk To A Personal Injury Lawyer For Free Today

Do you need assistance comprehending the modified comparative negligence rule or how it applies to your case? Texas Personal Injury Lawyers can assist you in securing a personal injury judgment or settlement in your favor. 

As the claimant, you’ll want to get as close to your maximum compensation as possible. It is critical to keep your portion of the blame low in the eyes of the jury and adjuster. To assist you in determining your proper settlement and fighting for it, enlist the assistance of a knowledgeable and experienced attorney.

If you have concerns regarding how Texas’s modified comparative negligence rules may impact your case, or if you need a competent lawyer to handle it, contact us at Texas Personal Injury Lawyers. We are a trusted injury law firm, and we’re eager to assist you. Our first consultation is completely free. 

Call us at (888) 997-2148 now for you free consultation.

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