Can I still file a personal injury claim even if I was partially at fault?

You can file a personal injury claim if you were partially at fault. This is because Texas follows the doctrine of comparative negligence, otherwise called proportionate responsibility. This means compensation is available for a driver in proportion to their responsibility for their accident. An example would be if it is determined that you were 20 percent responsible for the accident, and the claim is potential $200,000, then you would be entitled to receive 80 percent of the value of the case, or $160,000.00.

Later, you may also find that the driver that collided with you does not have any insurance. The law mandates that all drivers have a minimum amount of car insurance. However, the reality is that not everyone follows the law, and you may find yourself in a difficult situation if the person who hit you is not insured.

You may be able to seek restitution via your insurance company if you have uninsured motorist coverage. If your policy does not include that provision, you may still be able to file a lawsuit, presuming the at-fault driver has funds to pay out on the claim.

There is a high percentage of uninsured drivers in Texas (one in five), so it is best if you carry uninsured motorist coverage from your insurance company at limits you are comfortable with. This helps avoid paying for damages caused by someone else.

This is one of the reasons it is an excellent decision to speak to an experienced car accident attorney to see what options are available to you. Personal injury attorneys deal with accidents all the time, deal with insurance companies even more often and know what to do to take a case to trial if necessary. We deal with accidents daily, and we understand how to obtain fair and equitable restitution for your injuries.

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