Accidents can throw your life off track. Medical bills start to pile up, work takes a backseat, and dealing with insurance companies can feel overwhelming. You may wonder if you can you still file a personal injury claim if you believe you are partially at fault. If you’re in Texas or Oklahoma, the answer is often yes.
Comparative Negligence
Both states abide by a concept called “comparative negligence,” whichallows more than one party to share responsibility. How much you can recover depends on how fault is divided.
- Texas Law: Texas follows a modified comparative negligence rule with a 51% bar. This means you can recover damages so long as you’re not more than 50% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you’re 20% at fault and your total damages are $10,000, you’d receive $8,000.
- Oklahoma Law: Oklahoma also uses a modified comparative negligence rule, but it’s stricter with a 50% bar. You can recover damages if you’re less than 50% at fault, but if you’re exactly 50% to blame, you’re out of luck. Like in Texas, your compensation is reduced by your share of the fault.
Here are some real life examples:
- Car Accidents: You’re speeding, but another driver runs a red light and hits you. While you may share some blame for speeding, the other driver bears most of the fault for ignoring the traffic signal.
- Slip and Fall Cases: You’re shopping and slip on a wet floor that has no warning signs. However, you were looking down at your phone at the time. Both you and the store might share responsibility.
- Dog Bites: You try to pet a dog without asking the owner’s permission, and the dog bites you. You could be partly at fault for approaching without asking, but the owner may still be liable if the dog has a history of aggression.
Why You Need an Attorney
When fault is shared, insurance companies will often do everything they can to pin more blame on you to minimize their payout. That’s where our experienced personal injury attorneys can help. Here’s what we will do for you:
- Investigate the incident by gathering evidence to ensure the fault is assigned accurately.
- Negotiate with insurers to get you the compensation you deserve.
- Provide legal guidance on your options and help you navigate the legal process.
Take the Next Step with Us
At Bill Kennedy Law, our team is here to help you understand your options and fight for the compensation you deserve. Give us a call today at 903-337-1986.
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