What is contributory negligence?

Contributory negligence is a legal concept that is applied when determining who is responsible for an accident and the associated damages. Under contributory negligence, a defendant can be held partially responsible for the accident if they contributed to the accident even if their contribution was minimal and the plaintiff was mainly at fault. This is commonly seen in car accidents in which the plaintiff may have been speeding or distracted, but the defendant failed to take reasonable steps to avoid the collision, such as not keeping a safe distance or not using turn signals. In Texas, contributory negligence is a big factor in accident law. A plaintiff may be denied compensation for any injuries or damages arising from the accident if they are found to have contributed to the crash in any way. To pursue a claim for damages, the plaintiff will have to prove that their contribution to the accident was minimal compared to that of the defendant. This can be a difficult legal burden as it requires the plaintiff to prove that they were less than 50% at fault for the accident. If the court finds the plaintiff to be more than 50% at fault, they will be barred from recovering damages.

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