Comparative Negligence in Texas

What should I do if I think that the accident was partly my fault?

The Adley Law Firm has experience with comparative negligence in Texas.  Texas is a comparative responsibility state. That means if your case goes to trial, there will be a question that will go to the jury asking them to assign a percentage of liability to each of the parties involved.

Once the jury has assigned a percentage of fault to both you and the other parties, then whatever amount the jury awards in damages will be reduced by the percentage of fault that was assigned to you. That is why it is important to have an experienced car accident attorney involved because each party is trying to shift as much of the responsibility as possible onto the other parties.

 

In the calculation of damages, does the jury take into consideration how much of the responsibility for the accident was assigned to me?

A jury is not supposed to consider comparative negligence and damages together. Assignment of fault among the drivers and the amount of your damages are independent questions. Jury question one asks, what percentage of the responsibility for the accident is yours, and question two asks, what sum of money would compensate you for your injuries if the other party were 100% at fault.

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