Comparative Negligence and Damages

How do you handle a comparative negligence case and how does it affect damages?

Like with anything in law, in Texas, it all depends n the unique facts and circumstances of your car accident.

If a person is injured in an accident, he or she cannot recover anything if it is determined that they are 51% or more at fault. So, very simply put, if you are mostly at fault, you are not going to be able to collect from the other party.

Conversely, if it is found that the other driver is 70% at fault, then you can collect 70% of your damages.

Do you ever disagree with the percentage of shared responsibility that the insurance companies  come up with?

All the time. We never agree with the numbers the insurers provide.

Learn more about the AMS Law Group.