11/07/2013 // 1-800-Car-Wreck (Press Release) // Eberstein & Witherite, LLP // (press release)
Some auto accidents are clearly caused by one person’s negligence. For example, a wreck might be caused by a driver who sped through a red light or who turned the wrong way on a one-way street. But, most car accidents are more nuanced. For instance, a driver who is distracted by his cell phone might veer in front of a driver who is driving twelve miles over the speed limit.
An accident victim who believes he was partially at fault for causing a car crash may think he cannot seek money for his injuries because he contributed to the collision. This is false! An accident victim in Texas can recover monetary damages from another driver even if both drivers were at fault.
If the matter is tried before a jury, the jurors attribute fault to each party. The accident victim’s monetary recovery is then reduced to account for the victim’s part in the accident. For example, if a jury found that the accident victim was 30% to blame and awarded $100,000 for his injuries, the accident victim’s recovery would be reduced by 30%, resulting in an actual recovery of $70,000. If the jury found the victim was more than 50% to blame for the accident, he would recover nothing.
Of course, most auto accident cases do not go to trial; parties settle matters before then. In settlement discussions where both parties bear some responsibility for the accident, the parties and lawyers simply reduce the settlement value of the case to account for the liability issues.
To discuss an auto accident, contact a personal injury lawyer in your area. This article is presented by the personal injury/accident lawyers at Eberstein & Witherite, LLP. For inquiries, call 214.378.6665 or email [email protected]
Address: 3100 Monticello, Dallas, TX 75205
Url: Dallas Car Wreck Lawyers – 1-800-Car-Wreck