Motor vehicle crashes can result in serious and sometimes catastrophic injuries. In Texas, accident victims must prove another driver was at fault in order to recover compensation for medical expenses and other resulting losses. The claims process gets complicated when two or more drivers share the blame for causing a collision.

Texas law provides for a modified comparative negligence system for compensation in auto accident cases. This means that a driver who is injured in an accident might be able to collect compensation even if partially at fault. That driver will have his or her provable damages reduced by the percentage that he or she was at fault. Note, however, that there is one very important limitation. A driver who was 51 percent or more at fault for the accident cannot collect any compensation at all.

For example, if you ran a stop sign and were hit by another car that was speeding, you might be found to be 33 percent responsible for the accident, but you would still be able to recover 67 percent of your damages. The other driver, being 67 percent responsible, could not collect anything.

The comparative negligence analysis is not a scientific formula. The degree of fault attributable to each driver is often difficult to ascertain. There are many factors that can affect a driver’s ability to act or react to avoid an accident, such as speed, road conditions, traffic, weather and relative distance and direction of the vehicles involved. The parties can further claim that inappropriate behaviors contributed to a collision, such as distracted driving or impairment due to alcohol or drugs. Either driver’s violation of a traffic law will also be evidence of fault. In addition, the degree of injuries and property damage suffered by each party can factor into the analysis.

If you are partly to blame in an accident, you might be pursuing claims against another driver while defending against claims made by that driver. You need an auto accident attorney who is equipped to handle both aspects of the case. A large part of the attorney’s task will be to gather and present evidence that minimizes your level of fault, at least to put you below the 51 percent threshold. The process can be highly complex, involving defense lawyers, insurance claims adjusters, medical service providers and other experts.

Hope & Causey is a Conroe, Texas personal injury firm. Our experienced attorneys are devoted to recovering the maximum amount possible in every auto accident case. If you have suffered injuries or have lost a family member in a car crash, feel free to contact us online or call 936-441-4673 for an initial consultation.