Texas uses the 51% Fault Rule, or modified comparative negligence, to govern personal injury cases. Found in the Texas Civil Practice and Remedies Code, Chapter 33, this law decides how fault is divided and compensation is granted. I’m Robert C. Slim, and I want to explain how this rule affects your case and why having Dallas personal injury legal services is important.
Defination of ‘‘51% Fault Rule’’
The 51% Fault Rule states you can only recover damages if you’re less than 51% responsible for an incident. If you’re 51% or more at fault, you get no compensation, even if someone else shares blame. This system, called proportionate responsibility, divides damages based on each person’s share of fault.
For instance, if you’re awarded $100,000 but judged 30% at fault, you’d receive $70,000. People looking for Dallas personal injury legal services need to understand how this math affects their payout.
How Fault Is Determined in Texas
Per Texas Civil Practice and Remedies Code, Section 33.001, a judge or jury assigns fault percentages using evidence like police reports, witness accounts, and accident reconstructions.
Both sides may argue to shift blame, making the process contentious. Once, I represented a client in a Dallas case where the other driver claimed my client ran a red light. By presenting eyewitness accounts, we proved the client was only 20% at fault and secured a big settlement through Dallas personal injury legal services.
Types of Cases Affected
This rule applies to many personal injury claims, such as car accidents, truck collisions, and slip-and-fall incidents. For example, in a Dallas slip-and-fall case, the property owner’s duty to keep the area safe is judged under Texas Civil Practice and Remedies Code, Chapter 75. If you ignored a clear warning sign, your fault percentage could lower or cancel your compensation.
Insurance Companies Tricks
Insurance companies often use the 51% Fault Rule to reduce settlements, claiming you’re mostly at fault. Without a strong lawyer, you might accept a low offer or lose your claim entirely. For those seeking Dallas personal injury legal services, I provide clear advice to help you understand your options and the legal steps ahead.
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The 51% Fault Rule is an important part of Texas personal injury law because it shapes how compensation is awarded based on fault. Whether you’re handling a car accident or a workplace injury, you should know how this rule works.
At our law firm, I’m committed to delivering expert Dallas personal injury legal services, guiding clients to pursue the maximum recovery while tackling Texas law’s complexities. Call my firm at (214) 321-8225 for a free consultation to defend your rights and seek the compensation you’re entitled to.
