If The Incident Was Partially My Fault, Can I Still File An Injury Lawsuit?
Even if you were partially at fault, Texas law allows you to file a claim by using the modified comparative fault rule. What it means is that partial fault that does not hit or exceed 51 percent may still lead to a claim.
The difference is simply that your recovery will be lower than if you were zero percent at fault, based on how much of that fault was assigned to you. For instance, 30 percent fault leads to a 30 percent reduction in damages recovered.
Should You Discuss Fault?
The best thing to do after an accident is to stay silent. Any admission about fault or even a subtle comment could be used against you. In every partial fault case, you should have a lawyer to do the talking for you.
These cases can be complex and you never want to make a mistake, so call Byrd Davis Alden & Henrichson, LLP, in Austin, Texas, for a consultation. We’ll help walk you through the process and answer your questions. Dial 512-593-7650 or contact us online.