What is Comparative Negligence?

Comparative negligence is a legal principle used to determine how fault is allocated when more than one party contributes to an accident or injury. In Texas, the system follows a modified comparative negligence rule, which means that you can still recover compensation for your injuries as long as you are not more than 50% at fault. If you are found 51% or more at fault, you are generally barred from recovering any damages. This differs from other states, such as New York, where a “pure” comparative negligence system allows a person to recover a portion of damages even if they are mostly at fault, though the recovery is reduced proportionally to their degree of fault.

In practical terms, this system means that if you were partially responsible for an accident, your compensation is reduced by your percentage of fault. For example, if you are rear-ended because you braked too late and are found 10% at fault, your $100,000 claim would be reduced by 10%, leaving you with $90,000. Similarly, if your fault is determined to be 20%, you would recover 80% of the total damages. Even small percentages of assigned fault can significantly impact your recovery, which is why it is crucial to have an experienced attorney on your side.

A skilled personal injury attorney can carefully review the facts of your case, gather evidence, and challenge attempts by insurance companies or opposing parties to overstate your fault. Attorneys can argue that the other driver was primarily responsible, mitigate the percentage of fault assigned to you, and ensure that you are compensated fairly for your losses. This includes medical expenses, lost wages, future medical care, pain and suffering, emotional distress, and any long-term impacts on your quality of life.