Laredo, Texas is a border town, with a mix of cultures that creates a uniquely Texas atmosphere. It has a complex history of settlement, revolution, and economic growth. As complex of a history as Laredo has, it is equally as complicated to parse apart the laws of comparative fault in Texas. Comparative fault is a legal principle that allows the victim of an accident to recover damages even if they were partially at fault. However, understanding what this means for you can be a difficult process without the help of a trusted attorney.
Understanding the Laws in TexasTexas follows a modified comparative fault system, specifically the 51% bar rule. Under this framework, a plaintiff can seek compensation for their injuries only if they are less than 51% responsible for the accident.
Here's how it works: The jury or judge assesses fault for all parties. If the plaintiff is less than 51% responsible for their injuries, they can recover damages, but the awarded amount is reduced by their percentage of fault. For example, if the plaintiff is 20% at fault, their damages are reduced by 20%. However, if the plaintiff is 51% or more responsible, they cannot recover any damages. Importantly, insurance companies often attempt to shift more fault onto the plaintiff to limit liability, underlining the importance of hiring an experienced auto accident injury lawyer in Laredo.
Dealing with Comparative Fault in an Auto AccidentBeing involved in a car wreck in a state like Texas which utilizes a comparative fault system can be a complex and daunting experience. Here are some things you can expect in such situations:
Investigation of FaultFollowing the accident, a thorough investigation will take place to determine the percentage of fault for all parties involved. This may involve gathering evidence, speaking to witnesses, and analyzing the scene.
Diminished CompensationIf you are found partially at fault for the accident, your compensation may be reduced proportionally.
Insurance NegotiationsInsurance companies may use comparative fault to minimize their liability. Expect negotiations and potential disputes with insurance adjusters.
Legal RepresentationGiven the complexities of auto accident settlements in Laredo, an experienced attorney can help protect your rights, gather evidence, and navigate the legal process on your behalf.
Possible Bar from RecoveryIf you are found 51% or more at fault, you may not be eligible for any compensation, highlighting the importance of minimizing your assigned fault percentage in these cases.
Navigating a car wreck involving comparative fault can be challenging, but with the right knowledge and auto accident attorney, you can ensure a fair outcome in your case.
Seeking Legal Assistance in Laredo, TX | Free Case ReviewWhen dealing with an auto accident case, it's essential to have an experienced advocate on your side. If you're looking for reliable legal representation in Laredo, the Texas attorneys at Carabin Shaw are here to help.
With a proven track record of assisting auto accident victims, our team has the expertise needed to navigate any legal landscape. To gain a better understanding of how Carabin Shaw has assisted clients in the past, you can explore Carabin Shaw’s client reviews to learn about our successful cases.
Navigating the Road AheadWhen dealing with an auto accident in Laredo, Texas, understanding comparative fault is crucial to securing the compensation you deserve. With the right lawyer by your side, you can navigate the legal complexities with confidence. Our team of experienced professionals offer a free case review and initial consultation, giving you the opportunity to discuss your situation with an experienced attorney.
To take advantage of this opportunity, call us toll-free at 800-862-1260. Our English and Spanish-speaking staff is available 24/7 to ensure that you can get the help you need when you need it most.
For more information: