What Happens If I'm Partially at Fault for My Car Accident?

Jan 4, 2023
Car Accident Law

When you find yourself involved in a car accident, it can be a highly stressful and overwhelming situation. Many questions may arise, especially if you believe you may have contributed to the accident in some way. Understanding what happens when you are partially at fault for a car accident is crucial in order to protect your legal rights and ensure you receive fair treatment.

Shared Fault Car Accidents

In Texas, like many other states, shared fault is a concept that applies in car accident cases. This means that more than one party can be held responsible for the accident. If you are partially at fault, it does not automatically mean you will bear the entire liability for the incident. Instead, the level of fault assigned to each party involved will be considered in determining compensation and legal consequences.

The Comparative Fault Rule

The comparative fault rule is followed in Texas, which means that even if you are partly responsible for the accident, you may still be able to recover damages. This rule allows for a percentage of fault to be assigned to each party involved, and the compensation awarded is based on that percentage of fault.

For example, if you are found to be 30% at fault and the other party is deemed 70% at fault, you may be able to recover 70% of the damages suffered. However, it is important to note that if you are found to be more than 50% at fault, you may not be eligible to recover any damages.

Legal Consequences

If you are partially at fault for a car accident, there can be legal consequences that you may have to face. These can include:

  • Decreased Compensation: As previously mentioned, the compensation you are entitled to receive may be reduced based on the percentage of fault assigned to you.
  • Increased Insurance Premiums: Being partially at fault for a car accident can result in an increase in your insurance premiums.
  • Points on Your Driving Record: Depending on the severity of the accident and your level of fault, you may accumulate points on your driving record, which can impact your driving privileges and insurance rates.
  • Legal Proceedings: In more complex cases, where there is dispute over fault or significant damages involved, you may become involved in legal proceedings. It is important to consult with a knowledgeable attorney to navigate through the legal complexities.

Protecting Your Rights

If you find yourself in a situation where you are partially at fault for a car accident, it is crucial to take certain steps to protect your rights:

  1. Seek Medical Attention: Regardless of fault, it is important to seek immediate medical attention for any injuries sustained in the accident.
  2. Contact Your Insurance Company: Report the accident to your insurance company, providing them with accurate and detailed information about the incident.
  3. Gather Evidence: Collect as much evidence as possible, including photographs of the accident scene, witness statements, and any relevant documentation.
  4. Consult with an Attorney: It is highly recommended to consult with an experienced attorney who specializes in car accident cases involving shared fault. An attorney will protect your rights, guide you through the legal process, and help you obtain the deserving compensation.

Expert Legal Advice and Representation

James D Jones is a highly reputable attorney specializing in car accident cases, particularly those involving shared fault. With years of experience and a deep understanding of Texas laws, James D Jones can provide expert legal advice and representation to help you navigate through the complexities of your car accident case.

By entrusting your case to James D Jones, you can rest assured knowing that your rights will be protected, and every effort will be made to secure fair compensation, even if you are partially at fault. Contact James D Jones today to schedule a consultation and let the legal experts guide you towards a favorable outcome.

Joseph Morgan
Interesting information, very helpful.
Nov 11, 2023
Aleese Fielder
Good to know.
Oct 9, 2023