Determining fault in a car accident is a crucial step in the recovery process. A driver may be at fault for a car accident if they were, for example, using their phone, drinking, applying makeup or changing the radio while operating a vehicle.
In some cases, the victim may be partially liable for the auto accident. To determine what happens to a victim’s compensation relies on Texas laws. Texas follows a modified comparative negligence system, which can impact how much a victim can recover if the victim was partially responsible for an accident. Here is what you should know:
Can you still recover compensation if you are partially at fault?
Modified comparative negligence allows a victim to recover compensation even if they are no more than 50% at fault for an accident. The amount of compensation a victim can receive, however, may be reduced by the amount of fault. In other words, if a victim was 20% at fault for an accident for driving above the speed limit, the victim may be entitled to the remaining 80% of the compensation.
To determine the driver’s and the victim’s percentage of fault for an accident, courts may consider the following evidence:
- Police reports
- Video recordings
- Witness testimonies
If courts believe that the victim was more than 50% at fault for an auto accident, the victim may not be able to recover damages. In a car accident case, it is crucial to reduce the amount of fault to recover maximum compensation.
Car accident victims can seek professional legal guidance to help recover maximum compensation for injuries and losses.