Monday, August 6, 2012

Modified Comparative Negligence Complicates Accident Recovery


In Texas, victims of torts – including automobile accident victims who were injured by a careless driver – are not required to have completely clean hands. That is, just because the victim engaged in some careless behavior, such as speeding or changing lanes without signaling, he is not necessarily barred from recovering.

Texas law imposes a limit as to how careless a person can be and still receive compensation for damages. If a party to an automobile accident was primarily responsible – that is, a jury would find that they were at least 51 percent responsible for the accident – then under Texas’s modified comparative negligence scheme, the party will be barred from recovery.

These legal nuances may seem complicated, but they often have a profound effect upon a victim’s legal recovery. Have you been in an accident and want to know whether you can recover? Talk to the attorneys at the Dallas law firm of Fears | Nachawati. For your free consultation, call us at 1.866.322.6898 or email us at http://www.fnlawfirm.com/contact.cfm.