If you grew up with siblings, you are surely familiar with the concept of fault. Whether you threw a baseball through the window playing catch with your brother or your sister drew on the wall in permanent ink during craft time, it’s likely that the first thing you did when your parents entered the scene was to place the blame. While the general concept is the, the stakes are significantly higher when it comes to determining fault in a personal injury case, and our Dallas, TX personal injury lawyer is here to help you.
In these situations, the legal term is comparative fault, or otherwise known as comparative negligence, and its purpose is to determine who is responsible for an accident and how much compensation the injured party is owed. There are different types of comparative fault systems, depending on the state in which you reside, and each could result in a different outcome for your case. If you require assistance with a personal injury case, contact the Brandy Austin Law Firm today. Our firm has been assisting clients in Texas for over a decade and has been named among the American Institute of Legal Counsel’s Top 10 for Best Client Satisfaction.
Pure Comparative Fault
The first comparative fault system is known as pure comparative fault. In this system, your compensation in an accident is reduced by the percentage of your fault, but you are able to recover damages even if you were almost fully to blame. For example, if you are 80% to blame for the accident, and the overall cost of damages was $100,000, you can still recover $20,000 in damages since 20% was not your fault.
These systems can be ideal because there is more flexibility in receiving some compensation regardless of your fault, but something to be wary of is insurance companies shifting blame to lower their payout. Legal representation is important in these matters to ensure that you are receiving a fair amount of blame and compensation.
Modified Comparative Fault: 50% Rule
Another system of comparative fault is the 50% rule of Modified Comparative Fault. Under this system, you are only able to recover damages if you are less than 50% at fault, but if your fault surpasses this bar then you are not eligible for compensation. When you are below 50%, your compensation is similar to that of the pure comparative fault rule where you receive compensation that is reduced by your percentage of fault.
So, if you are 30% at fault and the damages totaled $100,000, you are eligible to receive $70,000. However, if you are 50% or more at fault, you receive nothing. In these cases, one percentage can make all the difference, and insurance companies may try to shift fault that one percent to avoid paying anything. Legal assistance is crucial in such instances. Texas is one of the states that operates under this system.
Modified Comparative Fault: 51% Rule
The final comparative fault system is also known as Modified Comparative Fault, but it is a 51% rule. It is essentially the same as the 50% rule except that it is slightly more lenient and allows for recovery if you are less than 51% at fault. This establishes the notion that if you are even slightly more to blame than the other people involved, you cannot receive compensation for damages. If you are half or less than half to blame, the same percentage reduction as the other systems applies.
Contact Our Attorney Today
Each comparative fault system used in the American legal system has its benefits and pitfalls, so if you are involved in an accident where multiple people are at fault, it is important to know which system your state uses. In Texas, our attorneys can help you pursue the maximum amount of compensation possible under the 50% comparative fault rule. Contact the Brandy Austin Law Firm today.
