I am partly to blame for my car accident. Can I still sue the other driver?

December 4, 2009

In some cases it is still possible for you to bring a lawsuit against the other driver even if you were partly at fault for your car accident.

Texas uses a system of comparative negligence, properly referred to as “proportionate responsibility.” Comparative negligence occurs when the defendant argues that the plaintiff was responsible for some of their own injuries and shares the blame for the accident.

In a Texas car accident lawsuit involving comparative negligence, the jury will be asked to determine each party’s percentage of responsibility, which can range from 0% (no responsibility) to 100%. (complete responsibility).

While bearing some fault for an accident does not necessarily bar you from bringing a lawsuit, note, however, that in Texas, if you are found to be more than 50% responsible for your own injuries, then you cannot recovery any damages.

If you have been injured in a car accident, contact the law firm of Fears | Nachawati today to receive free legal advice. You will speak with a Texas personal injury lawyer who will help you understand your legal rights. Simply email us or phone us toll free at 1.866.705.7584.

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