G R Randy Akin, PC

Can I File a Car Accident Lawsuit Even if I'm Partly at Fault?

Apr 30, 2024 @ 07:42 PM — by Greg Burton
Tagged with: Car Accident Lawsuit

Car accidents often cause debilitating physical, emotional, and financial damages. Car accident victims have a right to hold liable parties accountable for the economic and non-economic damages related to a collision. However, not all car crashes are cut and dry. It is not unusual for more than one driver to share liability for an accident.

The car accident lawyers at G.R. Akin, P.C. in Longview, TX, are frequently asked, “Can I file a car accident lawsuit even if I’m partly at fault?” Our lawyers help accident victims understand how Texas comparative negligence laws apply to car crash lawsuits, when injured parties may pursue financial compensation for damages, and how much they can expect to collect.

Texas and Comparative Negligence Laws

Texas is one of many states that follows a proportionate responsibility system for car accident lawsuits. The system adheres to the state’s comparative negligence laws. Comparative negligence laws allow some accident victims to pursue compensation for damages even if they are partially at fault for the collision. 

Under comparative negligence laws, injured parties can sue the person or party who holds majority liability for a car accident. However, the awarded damages are reduced by the percentage of fault assigned to the plaintiff. For example, if a driver is found 30 percent liable for a car crash and suffers $100,000 worth of damages, they can sue the other responsible party for $70,000; the total losses ($100,000) minus 30 percent ($30,000).

How Do I Know if I Can File a Lawsuit?

Not all drivers who share responsibility for a crash are eligible to file a car accident lawsuit. The threshold for filing a claim under comparative negligence laws is 50 percent. In other words, drivers can sue for damages if they are assigned 50 percent or less of accident liability. Anyone determined to be 51 percent or more at fault for a collision is unable to recover damages. 

Drivers who are unsure of the degree of liability assigned in a crash or those who dispute the findings of an insurance investigator can work with our Longview car accident lawyers to determine if they have grounds to file a car accident claim. Our legal team can examine evidence from the accident scene, review police reports, read witness statements, and work with accident recreationists to ensure liability is assigned appropriately.

Maximizing Awarded Damages

Working with a knowledgeable car accident lawyer is extremely beneficial, particularly when a driver is assigned partial fault for a collision. Our lawyers thoroughly investigate the losses of our Longview clients to maximize awarded damages in a car accident lawsuit. Depending on the details of each case, injured parties may be able to collect compensation for losses such as:

Contact Us

Drivers partially at fault for a car accident may still be due financial compensation for collision damages. To determine your best course of legal action after a car crash, contact our law firm online and schedule a case review at your earliest convenience.