Understanding the Negligence Laws in Texas
In Texas, modified comparative fault laws are used to dictate who can recover damages in a personal injury case, and to what extent. Since this system utilizes a 51% rule, the plaintiff would be allowed to recover compensation as long as they were not mostly at fault for causing the accident. If a judge or jury decides that they were 52% responsible for causing their own injuries, for example, they would be barred from recovering any level of compensation. If their determined level of fault does not exceed this limit, however, the damages would simply be diminished by their own percentage of fault. This means that a wrongfully injured victim could still pursue a civil claim even if they had negligently contributed to their own harm. For example, a plaintiff would take away $60,000 of a $100,000 award if a jury decided that they were 40% at fault for causing the accident.
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