There are various ways in which states choose to handle issues of comparative negligence. If an individual sustains an injury due to another person’s negligence, the at-fault party may make a claim that the injured party contributed to his or her own injuries. In some states, an injured party who is found to be partially at fault may not be able to recover damages at all, even if his or her share of fault is slight. In Texas, there are two important rules which may apply to a case involving shared fault. First, if there is a finding of fault on the part of the injured party, the injured individual’s damages may be reduced in proportion to his or her share of the blame.
Second, Texas Civil Practice and Remedies Code § 33.001 provides an additional condition to the injured party’s right to recovery in a case of a shared fault. If the injured party’s share of fault is more than 50 percent, he or she may not be able to recover damages at all. It could be important to discuss issues of comparative fault with a side-impact car wreck lawyer in Collin County. Preparation for this and other arguments from defendants could be vital to an individual’s recovery.