The short answer to the question is it depends on how much (percentage) you are at fault for the collision. In Texas, the law is called comparative responsibility. This means a plaintiff can be partially at fault for the collision and still recover a percentage of their damages as long as they are not more than 50% at fault.
Comparative Responsibility in Texas
In the typical two vehicle collision, if the case goes to trial, the jury will be asked if the Plaintiff and the Defendant were both negligent—that is, they failed to use ordinary care. If the jury answers yes to both the Plaintiff and the Defendant, then the jury will be asked to assign the percentage of responsibility for each, and the result must add up to 100%. In the example above, if the jury answered the Plaintiff was negligent and 40% responsible and the Defendant was negligent and 60% responsible, then the Plaintiff would be entitled to recover 60% of the damages awarded by the jury. As long as the Plaintiff is not more than 50% negligent, the Plaintiff can recover a percentage of the jury’s award. If the Plaintiff is more than 50% negligent, the Plaintiff cannot recover any money awarded by the jury. Likewise, if the Plaintiff is not found to be negligent, then the Plaintiff can recover all the damages awarded by the jury. This also assumes there is sufficient insurance to pay for those damages.
So just because you may have been partially at fault for a collision does not mean you will not be entitled to recover some of your damages. An experienced personal injury attorney will investigate the collision and start to build a case to help you recover your damages.
If you have been injured in a collision and would like to discuss your options, call us at the Kisselburgh Law Firm. We have over 30 years of experience representing those injured by others.