In the case of a car accident, both drivers may be at fault. The laws of the state where the accident occurred govern the type of shared fault. In some states, victims of collisions when both drivers are at fault are not entitled to take action against the at-fault driver’s insurance provider.
In jurisdictions like Texas, financial recovery can be restricted if one party’s liability exceeds a certain level. You can consult with a local personal injury attorney to learn more about what happens in a case of shared liability.
Types of Shared Fault Car Accidents
Not every auto collision is black and white. Sometimes accidents happen when more than one driver is careless or irresponsible. The insurance company may place equal blame on both drivers in this scenario.
As far as responsibility is concerned, the issue will be handled differently from state to state.
Comparative Negligence
Texas follows the comparative fault statutes for auto accidents. Each driver is given a certain level of responsibility where fault is assigned on a percentage basis.
For example, if you are deemed 40% accountable for the rear-ended accident, the other driver is held 60% accountable. Then, you will receive 60% of the awarded compensation.
Contributory Negligence
In states that follow the contributory negligence rule, a driver who is even a little at fault in an accident can’t file a claim for damages. A negligent driver who strikes another vehicle from behind, for instance, seems to be completely accountable for all acts at first glance. However, if police investigate and find that the car’s brake or taillights were not working at the time of the crash, they can hold the driver 10% accountable for equipment failure.
Modified Comparative Negligence
Combining comparative and contributory fault elements, a modified comparative negligence rule is more complex than the traditional approach. If the other motorist or drivers are more at fault than you are, you can still sue for damages as long as your percentage of fault is below 50%.
When determining financial compensation, if it turns out that you and the other driver are equally to blame for the accident, a car accident lawyer will be able to explain the rules in your state and recommend a course of action.
Whose Insurance Pays for Damages if Both Parties Are at Fault?
In the case of an automobile crash in Texas where both parties are at fault, determining who should handle the bill for the resulting damages may be complex. When many vehicles are involved in an accident, their insurance companies may disagree on who is at fault and the amount of blame that should be assigned to each party.
The insurance company for an at-fault driver may dispute your claim for compensation if you were even partly at fault. For this reason, hiring a personal injury attorney is crucial if you are involved in a car collision where both are at fault.
An attorney can help you determine liability and pursue fair compensation after an automobile accident. If the accident involves more than one party, it may end up in court, where a judge and jury must then determine who is responsible. Crashes involving many vehicles are, of course, more complicated than single-vehicle collisions.
Buzbee Law Firm’s Car Accident Lawyers Can Help You
To assist you in figuring out how much fault each of you bears in the collision, we’ll evaluate your case for free. If you were less than 51% at fault for an auto accident in Texas, you have the right to seek financial compensation from the at-fault motorist.
We understand how difficult it is to deal with the aftermath of an automobile accident. Even if you were partially to blame for a vehicle accident, Buzbee Law Firm is ready to fight for you. Get your free consultation now by calling or filling out our online form.
