Can I Get Compensation if I Was Partially at Fault for a Car Accident?
Let’s say you’re driving down the road and you speed up to make it through an intersection while the light is still yellow. You almost make it through when a drunk driver runs their red light and plows into you from the side. While it may seem clear to you that the drunk driver was to blame for the accident, an insurance company may try to make the argument that you were partially to blame for speeding – or even attempting to run a red light yourself. In such a scenario, do you have a footing to seek compensation for your medical bills, lost wages, vehicle repair costs, and other expenses? The answer depends on where you live.
Texas is one of 21 modified comparative fault states that follows the 51% Bar Rule, which states that if a plaintiff was more than 51% at fault for an accident, he or she will not be able to recover damages. If he or she is found to have been less than 50% at fault for the accident, he or she may recover compensation based on their percentage of fault for the accident. So, in the example above, you would likely be able to recover some compensation.
Never assume that you are ineligible for compensation until you speak with an attorney who can assess the circumstances of your case. Car accident claims can be complex, but a seasoned attorney who is familiar with state law and various insurance companies can guide you thorough the process towards a satisfactory conclusion.
Contact Stern Law Group at (877) 661-9900 to speak with a Houston car accident attorney.