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Car accidents are rarely simple, and often, determining who is entirely “at fault” can be a complex matter. In Texas, the law recognizes that sometimes, more than one driver can share responsibility for a collision. This concept is known as comparative fault, or more formally in Texas, “proportionate responsibility.” Understanding how comparative fault works is absolutely crucial for any Brownsville driver involved in an accident, as it directly impacts your ability to recover compensation for your injuries and damages. Kenny Perez Law is here to explain this vital aspect of Texas car accident law.
Texas operates under a “modified comparative fault” system. This means that if you are involved in an accident and are found to share some degree of fault, your ability to recover compensation will be affected. The core idea is simple: your damages can be reduced by the percentage of blame assigned to you.
For example, if a jury determines your total damages are $100,000, but finds you were 20% at fault for the accident, your recoverable compensation would be reduced by 20%, leaving you with $80,000.
While you can recover damages even if you share some fault, there’s a critical threshold in Texas: the “51% Bar Rule.” This rule states that if you are found to be 51% or more at fault for the car accident, you are legally barred from recovering any damages from the other party.
This is a crucial point for Brownsville drivers. Even if the other driver was clearly negligent, if a court or jury assigns more than half of the blame to you, your claim could be worth nothing. This makes fighting to minimize your percentage of fault absolutely essential.