After a traumatizing crash along I-10 or a major highway in Jefferson County, you want to learn more about your options for seeking compensation from the other driver. You may have been hesitant because the other driver’s insurance adjuster might have said you share the blame for the collision.
You can still recover damages provided that you meet the Texas modified comparative fault rules. Understanding this is key in protecting your rights as an injured party.
Your rights under the 51% bar rule
When car accidents occur, the courts turn to the modified comparative fault policy to determine each party’s fault percentage and settlement amount. This applies when both drivers failed their duty of care by running a red light, failing to yield the right-of-way or driving while distracted.
If you were partially at fault, you can still recover compensation if your fault percentage is below 51%. However, your final settlement will reduce accordingly. For instance, if the judge awards you $50,000 and assigns you a 30% fault, your total recovered damages will be $35,000. Exceeding the 51% threshold will bar you from recovering anything.
Your words turning into self-incriminating evidence
Filing a claim against the other driver’s insurance policy will trigger calls from their adjuster. They may ask for your side of the story, but it can be a trap that jeopardizes your recovery. Adjusters use this recorded information as a tactic to shift the blame onto you. If successful, you may lose your right to compensation.
What to do to protect your right to recover
The last thing you want after a grueling accident is receiving nothing for your damages. If an adjuster calls you, refrain from explaining anything about the incident. You can also seek legal counsel from a Beaumont personal injury attorney to counter these insurance tactics.