Our state's modified comparative fault system sets a threshold (usually 50% or 51%) above which the victim cannot recover damages if their fault exceeds this percentage. In short, if you are found primarily responsible philippines country code number for the accident (in Texas, your fault is more than 50%), you will not be eligible to receive compensation from other parties.
However, there is a silver lining for victims who share some of the blame. As long as your responsibility for the accident is below the threshold (less than 50% at fault), you can still receive compensation, but the amount will be reduced based on your percentage of fault.
Let’s use an example to illustrate this: If you are awarded $100,000 for injuries in a truck accident, but the investigation shows that you were slightly speeding and finds you 30% at fault. Under Texas’ modified comparative negligence law, your award would be reduced by 30%, for a final award of $70,000.
Investigating an accident: Gathering evidence and expert opinion
In a complex, multi-party truck accident case, how do they determine the degree of fault of each party? A thorough investigation is key.
Your attorney will help gather key evidence to build your case, including: