Helping You Recover Maximum Compensation

How to defend against comparative negligence arguments

On Behalf of | Jan 17, 2024 | Personal Injury |

After being injured in a car accident, you’re looking for ways to further your recovery, ease your pain and suffering, and reclaim your normal life. That’s no small task, but a personal injury lawsuit might give you the edge that you need. As you start to build your case, though, you might be worried about the role that you played in the wreck. Will you be denied compensatory recovery if you’re partially to blame for your wreck?

Texas’ comparative fault law

Pursuant to Texas law, you can still recover compensation from a car accident personal injury lawsuit, even if you’re partially to blame, so long as you aren’t found to be more than 50% at fault. However, any fault allocated to you will reduce the amount of compensation that you can recover.

You should be prepared to come face-to-face with comparative fault arguments in your personal injury case. To deflect or minimize them as much as possible, do the following:

  • Have an accident reconstruction conducted that can provide a clear answer on who is to blame for the accident.
  • Analyze the facts leading up to your car accident so that you can identify your case’s weaknesses.
  • If bad facts exist, point out how your actions only minimally contributed to the accident, thereby focusing on the comparative aspect of the state’s negligence law.
  • Attack witness credibility to raise doubt as to their account of the accident and your contributions to it.

Take a holistic approach to your car accident personal injury case

You need to be prepared to address your personal injury claim on all fronts. If you don’t, then you might be denied the recovery you need. With that in mind, now is the time to get to work building your case so that you can put yourself on the path to reclaiming your life.