What Is Proportionate Responsibility in Texas? Laredo Personal Injury Attorneys
If you’re injured in a Laredo accident, you might share fault for what happened—but this doesn’t mean you can’t collect compensation from others. Your attorney can build your case based on “proportionate responsibility,” a modified comparative negligence rule in Texas allowing you to receive a payment that’s simply reduced according to your degree of fault.
Understanding how this law works is essential when pursuing your personal injury claim in Laredo, Texas, where heavy traffic, industrial workplaces, and active construction zones increase the risk of accidents. Being partially at fault can weaken your case, but you’re still entitled to seek compensation.
How Does Proportionate Responsibility Work?The Texas Proportionate Responsibility Law dictates two key conditions:
- If you’re at fault by 50 percent or less, you can recover damages. However, your compensation is reduced by your percentage of fault.
- If you’re more than 50 percent responsible, you can’t legally recover any damages.
To illustrate, let’s say you’re found to be 30 percent at fault for a car accident, but you still win $100,000 in damages for your injuries. In this case, you would receive $70,000, which is 30 percent less than the full amount. This example demonstrates comparative fault in Texas, which plays a significant role in many personal injury cases.
Which Personal Injury Cases Often Involve Proportionate Responsibility?Shared fault can be a defining aspect of many accidents, including but not limited to:
- Car and truck collisions that might include multiple parties due to Laredo’s high volume of commercial vehicle traffic through the Mexico border
- Job-related injuries highly associated with prevalent Laredo industries such as oil, gas, and construction
- Slipping and falling at local businesses or public spaces because of hazards that could have been addressed by parties responsible for the properties
- Product defects that may allow compensation from manufacturers, even if your error was part of your accident
If you’ve been injured in any of these situations, personal injury attorneys in Laredo TX can explain how proportionate responsibility impacts your claim.
How Is the Proportion of Fault Determined?In cases involving property damage or personal injury, insurance companies typically determine fault. To do so, they may rely on evidence such as:
- Police reports and accident scene investigations from local law enforcement, such as the Laredo Police Department
- Witness testimony from bystanders or business owners familiar with the accident site
- Surveillance footage from Laredo businesses or traffic cameras
- Medical records linking injuries to accidents
An experienced Laredo injury lawyer helps gather this evidence to minimize your assigned fault percentage and maximize your compensation. Your legal team also organizes and presents evidence for all necessary stages, which might include claims appraisals or disputes, lawsuits, and court.
Hire a Lawyer Today to Build Your Strongest Case | Call Carabin Shaw To Schedule Your FREE CASE REVIEWInsurance companies often try to shift more blame onto injury victims to reduce payouts, and a skilled legal team ensures you’re treated fairly under the law. The Laredo personal injury lawyers at Carabin Shaw have extensive experience handling cases of proportionate responsibility. When challenging fault assignments or low damage estimates, we investigate thoroughly and negotiate aggressively.
Skill and care are equally on display in our client reviews. For instance, we strive to create ease in your experience from start to finish in the following ways:
- A completely free case review to help you understand what’s possible in your case
- 24/7 availability at our toll-free number 800-862-1260
- Staff who can speak Spanish or English
We also offer our services on a contingency-fee basis so that you can pursue compensation without incurring prohibitive legal costs in the process. Your Laredo-based team at Carabin Shaw is waiting to fight for you.
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