What is comparative negligence?

Comparative negligence is a legal term used in Texas when determining liability in car accident cases. It is a system for allocating financial responsibility among all involved in the accident based on each party’s action or inaction leading up to the accident. It allows for the responsibility to be shared among the parties rather than assigning all blame to one side. In comparative negligence, each party involved in the accident is assigned a percentage of fault for the incident. This percentage of fault is based on the behavior of each party, such as how attentive they were to the road, the speed they were driving at, etc. If someone was 80 percent responsible for the accident, then they will have to cover 80 percent of the costs associated with the accident, and the other party will cover the remaining 20 percent. In Texas, the term pure comparative fault is also used. This system allows both parties to be held liable for the accident, regardless of who is found to be more at fault. This means that even if one party is 99 percent responsible and another party is only 1 percent responsible, they both could still be held liable and each would have to pay their respective portion of the damages.

Related FAQs

What are the different types of damages in a car accident case?
What are the differences between a no-fault and a fault-based state for car accident laws?
Can I get a settlement for pain and suffering after a car accident?
What if two or more people are at fault for the same accident?
How long does it take to settle a car accident case?
Can I still get a settlement if the other driver has an expired license or no license at all?
What should I do if the other driver doesn’t show up for a court hearing?
What is comparative negligence?
What should I do if the driver who hit me doesn’t have insurance?
How do I file a lawsuit for a car accident?

What is comparative negligence?

Related FAQs

Related Blog Posts