Houston Car Accident Lawyer – Both Drivers At Fault?
Although it is fair that drivers should pay for their portion of negligence, sometimes the way percentages are determined is anything but fair.
If you are a driver in the state of Texas, you are required to carry liability insurance. Liability insurance is the type of coverage that is meant to cover the at-fault driver’s injuries and the other driver’s property damage and injuries. Once, who is at-fault is determined, then the insurance company of the at-fault driver is responsible for paying the related bills.
Because Texas is a modified comparative negligence state, there are times when more than one driver can be partially liable and responsible for an accident. When there is an accident, it is possible for more than one driver, or even multiple drivers, to be found negligent and, therefore, liable.
How Modified Comparative Negligence Works – Top Houston Car Accident Lawyer
Unlike at-fault negligence states that ascribe negligence and blame to only one driver, comparative negligence states like Texas use a percentage of negligence to determine who is liable for paying for an accident. Each driver can be ascribed a percentage of blame and liability in Texas.
Call Big Rig Bull Texas Truck Accident Lawyer Reshard Alexander today at 713.766.3322.
In Texas, it is possible for each driver to be 50 percent to blame for an accident. For example, if one driver was texting while driving and runs a red light, that driver is negligent for driving distracted. If someone runs into them who was following the rules of the road, in most cases, the distracted driver would be solely responsible. However, if the driver who hit the distracted driver was speeding, then that driver would also be responsible. Since speeding would make the other driver negligent and partially to blame for the accident, both drivers could be partially to blame, but financial responsibility is adjusted away from the party that is not responsible for more than 50 percent or more of the wreck.
How Percentages Are Calculated – Houston Car Accident Lawyer
If two parties are responsible for an accident happening, they should both share the responsibility of paying for it – there is very little argument over this. The problem with modified comparative negligence is that ascribing a percentage of blame to each driver according to their portion of negligence can be hard to determine sometimes.
Once the percentages are decided on, the driver mostly responsible for causing the wreck (51 percent or more of fault) must pay for their portion or percentage of the total cost of both economic and non-economic damages. It is easy to see why those percentages can be so critical. If an accident’s damages total over one million dollars, a minuscule two percent of blame turns into a lot of money.
This is why it is imperative to speak with an 18 wheeler accident lawyer for help sorting out the details of your case. An experienced lawyer can make sure that you aren’t left paying for more than your “fair share” of negligence. By helping to negotiate what percentage of negligence you are responsible for, your attorney can protect you from greedy claims.
Although it is fair that drivers should pay for their portion of negligence, sometimes the way that percentages are determined is anything but fair, which is why you will benefit from the help of an experienced auto accident attorney.
Contact Houston Truck Accident Lawyer Reshard Alexander now for a free appointment at 713.766.3322 or 800.688.7551.
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