If you’ve been injured in a truck accident and the defense is claiming you played a role, working with an expert personal injury lawyer in Sugar Land is an essential asset to your team. The unfortunate truth is that once your case’s defense finds a single hint of partial fault, it can significantly reduce your payout or even completely block your compensation package. Because of this, having at least a rudimentary understanding of comparative negligence and partial fault is integral for all drivers on Sugar Land’s busy roads. At Maida Law Firm, our team of personal injury lawyers is an expert in the complexities of comparative negligence and can help you maximize your compensation and receive the justice you deserve after a car accident.
In Texas, comparative negligence is what courts use to determine if or how much your compensation is reduced because of partial fault. The key terms that help dictate a case’s final outcome include:
- Modified comparative negligence
- The 51% bar rule
- Proportionate responsibility
When it comes to navigating comparative negligence, a thorough knowledge of these terms is integral. Use this blog as a guide to the basics of understanding how a partial fault can potentially determine the outcome of your case and how our team of personal injury lawyers can help combat it.
Personal Injury Claim Foundations: Negligence and Shared Fault
Before diving into the complexities of modified comparative negligence, the 51% bar rule, and proportionate responsibility, it is essential to understand the primary factor in every personal injury claim: negligence. In personal injury cases and truck accident cases in Texas, proving negligence is the first, most imperative step in winning your case.
Legal negligence must include four key elements:
- Duty – The defendant had a legal obligation to operate with a reasonable standard of care.
- Breach – The defendant violated or failed to meet the required standard of care through inaction or improper conduct.
- Causation – The defendant’s breach of duty was the direct cause of your injury.
- Damages – The plaintiff suffered actual harm, including physical injuries or significant financial losses, which are legally compensable.
These legal standards require assigning a percentage of fault to everyone involved in the accident, and that figure must add up to 100% in every case, regardless of the severity.
The Texas Standard: Modified Comparative Negligence Explained
What makes Texas’s legal system unique is the way it applies the comparative negligence system. Texas uses modified comparative negligence rather than contributory negligence, as other states do. Contributory negligence is the harshest system. Under this system, if the plaintiff receives even 1% of the blame for the accident, they receive zero damages or compensation.
However, in Texas, modified comparative negligence offers a fairer middle-ground system. The system calls this proportionate responsibility. This means that the percentage of fault can be determined based on the circumstances, and the recoverable damages will be calculated using the decided ratio.
The 51% Bar Rule: The Deciding Factor in Your Personal Injury Case
The most essential rule in Texas courts and the most vital element of your personal injury lawyer’s strategy is the 51% bar rule. This means that if you are assigned a percentage of the case’s fault that surpasses 50%, then your entire case is completely null. Because of this, if the judge rules that you are 50% guilty, you can receive up to 50% of the damages. However, if you are even 51% at fault, the entire case is void, and you recover $0. This means that typically, a single percentage point is the most essential factor in the outcome of your personal injury trial.
A common scenario where this comes into play is multi-vehicle accidents. When three or more drivers are involved in accidents, each one gets a percentage of the blame. This increasing complexity significantly and dramatically impacts the possibility of exceeding the 51% marker.
This rule can also affect premise liability cases, as an injured person’s potential distractions can negate the property owner’s entire burden of blame. Lastly, the 51% bar rule also plays a large role in Dram shop cases, which means the victim may have been intoxicated. Because a person’s own impairment may have impacted the case’s outcome, the court typically assigns them a percentage of the responsibility.
The 51% Bar Rule for Personal Injury Comparative Negligence
While the math might seem basic, once they determine the percentage of negligence, this simple formula profoundly impacts your outcome. Because of this, working with a team of skilled personal injury lawyers like ours at Maida Law Firm is integral.
The most common calculation multiplies the total damages awarded by the claimant’s percentage of fault to determine the final damages. For example, if the total damages equaled $150,000 and the court allotted the claimant 45% of the blame, the claimant would recover $137,500. However, even if the total damages equal high ranges, a claimant’s fault percentage of 51% or more will always equal $0 in Texas.
Different Types of Damages in Personal Injury Cases
What many Sugar Land drivers might not realize is that the 51% bar rule applies to both economic damages and non-economic damages.
Economic damages include monetary things such as medical bills, lost wages, and property damage. You must quantify and objectify these losses, counting them as both past and future damages.
Non-economic damages include pain and suffering, mental anguish, and disfigurement that affect quality of life. These play a critical role in establishing the outcome of your Sugar Land personal injury case.
Key Factors That Can Minimize Your Comparative Negligence Percentage
Texas insurance companies can use the 51% bar rule to avoid payouts, and they skillfully do so. By using a skilled personal injury lawyer, you can avoid 51% of the blame and use evidence and defense to create a dependable strategy.
On the scene, several key actions can cost you thousands of dollars in misplaced blame. The most common blame-shifting tactics include:
- Misinterpreting police reports
- Vague statements at the scene, such as “I’m sorry”
- Claiming victim distraction, like texting or eating
It is essential to remember to never admit fault on the scene. A genuine or shocked apology can easily become an admission of guilt, placing excess blame on you despite your injuries. Additionally, be sure to carefully and thoroughly document the scene by taking extensive photos and videos from a wide variety of angles. Lastly, help your case by collecting witness contact information on the scene. All of these are essential for protecting yourself and helping your lawyers strategize efficiently.
Don’t Let Comparative Negligence Cost You Everything in Your Personal Injury Case
As soon as a car accident or other personal injury occurs, the clock begins ticking, and every percentage point of blame becomes a financial strategy. By working with Maida Law Firm and our team of expert Sugar Land personal injury lawyers, you can rest easy knowing that Texas’s 51% bar rule won’t block you from receiving your rightful recovery. Contact Maida Law Firm today to receive a free personal injury lawyer consultation.