I Was Speeding When a Drunk Driver Hit Me. Can I Still File a Claim?

Were you recently involved in a car accident that was caused by another driver, but you know you were doing something unsafe at the time the car accident happened? For example, if you were injured when a drunk driver ran a red light and struck your vehicle, you may be wondering if you can still file a claim or if it is worth your time and energy to file a civil lawsuit against that driver. In short, the answer is yes. Under Texas law, a plaintiff can recover damages even if they are partially at fault for an accident. Our Texas auto injury attorneys can explain how this works in more detail.

Understanding Proportionate Responsibility in Texas 

In Texas, the Civil Practices and Remedies Code outlines how “proportionate responsibility” works, and it is usually beneficial to plaintiffs who may bear some responsibility but less than the defendant. In short, under Texas’s proportionate responsibility law, a plaintiff in an injury case can still recover damages even if they are found to be partially responsible as long as they are not more responsible than the defendant. Here is the specific language:

“[A] claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”

What this means is that, as long as a plaintiff is found to be 50 percent responsible or less, they can recover damages from the defendant.

How Responsibility Percentages Are Determined

The percentages of responsibility are determined by “the trier of fact,” meaning a jury or judge. They will look at all of the facts presented “with respect to each person’s causing or contributing to cause in any way the harm for which recovery of damages is sought.” You will be able to present evidence with your lawyer’s help that reveals the defendant’s fault. In addition, you will be able to present evidence to refute any evidence provided by the defendant concerning your own fault in the accident.

In cases where one driver’s negligence caused the accident, such as an intoxicated driver who runs a red light into oncoming traffic, any injured plaintiff, even if they were negligent in some respect such as speeding, should expect that they will still be eligible to receive damages by filing a civil lawsuit

Contact Our Car Accident Lawyers in Texas to Seek Help with Your Injury Claim

Were you injured in a car crash in which another motorist was clearly responsible for a significant portion of the fault? If so, you should certainly find out more about filing an auto injury claim in Texas. As we discussed above, even if the court determines that you were partially at fault, as long as the other driver was equally or more at fault, you will still be able to recover damages. In cases where a damages award may be especially high, it is more important than ever to get started on a claim before the statute of limitations runs out. Do not hesitate to get in touch with an experienced Texas car accident and injury lawyer at John Reed, Attorney at Law to find out more about filing your civil lawsuit. Contact our firm today for more information.

Source:

statutes.capitol.texas.gov/docs/cp/htm/cp.33.htm