Car accidents can turn lives upside down, especially when the question of liability becomes complex. In North Texas, where personal injury claims often hinge on determining fault, understanding the principle of comparative negligence is crucial. At The Law Office of David M. Kennedy, we’ve guided countless clients through the intricate legal process of proving liability and recovering damages, even when fault is shared.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine that allows more than one party to share fault in an accident. Unlike contributory negligence, which can bar recovery if a victim is even slightly at fault, comparative negligence assigns a percentage of blame to each party involved.

In Texas, modified comparative negligence applies, as outlined in Texas Civil Practice and Remedies Code §33.001. This means you can recover damages as long as you are 50% or less at fault. However, your compensation is reduced by your percentage of fault. For example, if you are found 20% at fault for an accident with $50,000 in damages, your recovery would be reduced to $40,000.

Shared Fault in Car Accidents

According to the National Highway Traffic Safety Administration (NHTSA), human error is a contributing factor in 94% of all motor vehicle crashes. This underscores how often shared fault can occur. Common scenarios include:

• Rear-End Collisions: One driver may have been tailgating while the other braked abruptly.
• Left-Turn Accidents: The turning driver might misjudge the oncoming car’s speed, while the other driver could be speeding.
• Lane Changes: Both drivers may fail to check blind spots or signal intentions.

When both drivers share blame, the case requires careful examination of evidence to determine the degree of fault. Also, and contrary to popular belief, a driver running into the back of a vehicle in front of them is not always the fault of the driver in the back. Many, many factors may affect the deliberation of the question of fault in an accident.

Proving Fault and Liability

Proving fault in a shared liability case can be challenging but not impossible. It requires gathering substantial evidence, such as:

• Police Reports: Often include observations and citations that help establish fault.
• Witness Testimonies: Neutral parties can provide critical insights.
• Accident Reconstruction: Professionals can recreate the crash to analyze contributing factors.
• Surveillance Footage: Dashcams or nearby security cameras may capture key moments.

Working with an experienced attorney like David M. Kennedy ensures these elements are presented effectively, strengthening your claim and maximizing your potential compensation.

The Importance of Legal Representation

Navigating a comparative negligence claim without legal expertise can lead to undervaluing your case or accepting an unfair settlement. Insurance companies often use comparative negligence laws to minimize payouts. They might argue that your percentage of fault is higher than it truly is, reducing your compensation—or eliminating it altogether if they push it beyond 50%.

David M. Kennedy has a proven track record of negotiating with insurance companies and representing clients in court when necessary. His meticulous approach ensures that your side of the story is heard and supported by evidence.

Statistics Highlight the Risks

Texas has some of the highest car accident rates in the nation, with over 15,000 serious injury crashes reported in 2022, according to the Texas Department of Transportation (TxDOT). In these accidents, fault is often disputed, making legal expertise essential. Additionally, studies have shown that victims who hire attorneys recover significantly more compensation than those who don’t.

Why Choose The Law Office of David M. Kennedy?

When both drivers are partially at fault, the stakes are high. The Law Office of David M. Kennedy is dedicated to ensuring North Texas residents receive the justice and compensation they deserve. Mr. Kennedy’s deep understanding of comparative negligence laws and his commitment to personalized client service make him the trusted advocate you need.

More than once, Mr. Kennedy has had potential clients come to him with significant injuries and a strong case of negligence on a well-insured party, only to discover that the majority of the insurance proceeds had already been distributed to others involved. There is no requirement in Texas that insurance proceeds be either equally distributed among the victims, nor that the most seriously injured be compensated at all. It is for this reason that if you have been in an accident, act sooner rather than later in contacting The Law Office of David M. Kennedy.

Whether through skillful negotiation or courtroom advocacy, David M. Kennedy fights tirelessly to protect your rights and secure the best outcome for your case.

Conclusion

Comparative negligence doesn’t mean you’re out of options. Even if you share some blame, you may still be entitled to significant compensation. However, securing a favorable result requires experienced legal guidance. If you’ve been in a car accident in Sherman, Texas, or the surrounding areas, don’t let questions about fault deter you from pursuing justice. Contact The Law Office of David M. Kennedy today to schedule a free consultation and learn how we can help you navigate the complexities of comparative negligence.