Most crashes are not completely one driver’s fault, even though it might seem like it at first. While one driver may be mostly to blame, their insurance company could point to something the other driver did that was unsafe or illegal.
For example, maybe another driver ran a stop sign and hit you as you passed through an intersection where you had the right of way. However, if you were going over the speed limit or texting at the time, they could claim you were partly at fault. So how does it affect how much compensation you can collect?
What is the 51% rule?
Texas follows what’s called a “modified comparative negligence” rule. It’s also called the “51%” rule. That means you can recover at least some of what your claim is worth as long as you don’t bear more than half the fault for the crash. However, the amount you can receive is reduced based on how much fault you do have. The more at fault you are, the less money you can receive.
That’s why it’s important to get a police report and other evidence of what caused the crash. This can make a big difference in how much money you’re due for your medical bills and other expenses and other economic as well as non-economic damages.
Damages you can quantify, like medical bills and vehicle repair costs, are called economic damages. However, you may also be able to get non-economic damages for pain and suffering (both physical and mental) and things like loss of enjoyment of life and disfigurement.
It’s a lot to think about – especially when you’re injured and in pain. It can be tempting to accept the offer of a quick settlement by the other driver’s insurer. However, it’s more important to make sure you get the maximum possible compensation you’re entitled to based on the facts. That’s one reason it’s smart to get experienced legal guidance as early as possible to protect your rights and your future.