After a serious accident in Houston, the path to financial recovery can be complicated. One of the most common tactics used by insurance companies to reduce or deny a claim is to argue that the victim was partially at fault for their own injuries. This is where the legal concept of “comparative negligence” comes into play, and understanding how it works is crucial for any personal injury victim in Texas.
What is Modified Comparative Negligence?
Texas follows a “modified comparative negligence” rule, which is also known as the 51% bar rule. In simple terms, this rule states that you can still recover damages in a personal injury claim as long as you are found to be 50% or less at fault for the accident. If your percentage of fault is determined to be 51% or greater, you are barred from recovering any compensation at all.
If you are found to be partially at fault, but 50% or less, your total compensation will be reduced by your percentage of fault. For example:
•You are in a car accident and the total damages are determined to be $100,000.
•The insurance company successfully argues that you were 20% at fault because you were driving slightly over the speed limit.
•Your total award of $100,000 would be reduced by 20% ($20,000), so you would receive $80,000.
This principle applies to all types of personal injury cases, from motorcycle crashes and pedestrian accidents to slip-and-fall incidents.
How Insurance Companies Use Comparative Negligence Against You
Insurance adjusters are skilled negotiators, and their primary goal is to save their company money. One of the most effective ways they do this is by shifting as much blame as possible onto the victim. Even a small percentage of fault can save the insurance company thousands of dollars. They may try to argue that you were:
- Distracted: They might claim you were using your phone or not paying attention at the time of the accident.
- Speeding: Even if you were only going a few miles over the speed limit, they will use this to assign you a percentage of fault.
- Failing to take evasive action: They may argue that you could have done something to avoid the accident.
- In a slip-and-fall case: They might claim you were not watching where you were going or were wearing inappropriate footwear.
These arguments are not always based on strong evidence, but they can be very effective at intimidating victims into accepting a lower settlement. This is why it is so important to have a strong legal advocate on your side.
How an Experienced Attorney Can Fight Back
An experienced Houston personal injury lawyer understands the tactics that insurance companies use and knows how to fight back. When you work with an attorney, they will:
- Conduct a thorough investigation: Your lawyer will gather all available evidence, including police reports, witness statements, surveillance footage, and accident reconstruction analysis, to build the strongest possible case and minimize your percentage of fault.
- Challenge unfair allegations: Your attorney will aggressively challenge any attempts by the insurance company to unfairly shift blame onto you.
- Negotiate from a position of strength: By building a well-documented case, your lawyer can negotiate with the insurance company from a position of strength, making it clear that you will not accept an unfair settlement.
- Take your case to trial if necessary: If the insurance company refuses to offer a fair settlement, your attorney will be prepared to take your case to court and let a jury decide.
Don’t Let the Insurance Company Dictate Your Recovery
Being partially blamed for an accident can be insulting and disheartening, but it is a standard tactic in the insurance industry. Do not let it prevent you from seeking the compensation you deserve. The law in Texas is clear: you have the right to recover damages as long as you are not primarily at fault.
If you have been injured in an accident in Houston and the insurance company is trying to blame you, it is time to get legal help. Contact the Stano Law Firm for a free consultation. We will evaluate your case, explain your rights, and fight to protect your financial future.