What is Comparative Negligence?

Comparative negligence is a law used to determine how much each party involved in an accident is at fault for the accident. It is often used in accident cases involving one or more parties in Texas. Comparative negligence helps to determine who is responsible for the accident and how much compensation is owed to each party. In Texas, the law states that if a party is found to be 50% or more at fault for an accident, they cannot collect any form of compensation from any other parties. If a party is found to be less than 50% at fault, then they are eligible to receive partial compensation from the other parties involved in the accident. This compensation is then proportionally reduced based on the degree of the other party’s negligence. For example, if one person was driving 50 mph over the speed limit and another party was driving 20 mph over the speed limit when they collided, it may be determined that the driver going 50 mph is 80% at fault and the other driver is 20% at fault. In this case, the driver going 50 mph would not be entitled to any compensation, while the driver going 20 mph would be eligible to receive a portion of the compensation from the other driver. Comparative negligence is a way for victims of an accident to receive some form of justice, even if they played some part in the accident. It is used to fairly and accurately distribute the cost of an accident among all parties involved.

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What is Comparative Negligence?

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