Contributory Fault

After an accident, determining fault is not always a straightforward process. In some cases, it is undisputed that one party was at fault for causing the accident. In others, fault could be shared by different parties to the accident. What happens when both parties to an accident were to blame, at some level?

Contributory fault, also called contributory negligence, is a legal theory under which an injured plaintiff cannot recover damages if their own negligence was even 1% to blame for the accident. In other words, they have no legal right to claim damages if they shared any liability whatsoever for the accident.

Contributory fault is a harsh standard for injured accident victims. Only a handful of states still follow this approach; however, Texas is not among them. Texas follows a modified comparative negligence standard, which allows victims to recover even if they shared some percentage of blame for the accident.

Here, we’ll review contributory negligence and the comparative negligence standard that applies in Texas.

What is Contributory Negligence?

Contributory negligence is a strict legal rule because even if the defendant was almost completely responsible for an accident, a plaintiff can lose their claim if they were even slightly at fault. This “all or nothing” rule has fallen out of favor because it leads to outcomes that society finds unfair. For example, in a case where the defendant was 99% at fault for a serious accident while the victim was 1% responsible, the victim would be entitled to nothing in a contributory negligence jurisdiction.

Contributory negligence includes two parts:

1. Negligence: Both sides must have shown some degree of negligence.
2. Causation: Negligence by both plaintiff and defendant must have contributed to the accident in some form.

In states that do not follow a contributory negligence standard, plaintiffs must still prove negligence by the defendant. Negligence is made up of four basic elements in a Texas personal injury case:

1. Duty: Duty of care by someone to act as a reasonable person would under the circumstances.
2. Breach: Breach of duty is a failure to act as a reasonable person would have given the situation.
3. Causation: There must have been a causal connection between the defendant’s breach and a plaintiff’s injuries.
4. Damages: There must be actual damages such as injury, medical bills, property damage, and so forth.

In Texas, personal injury plaintiffs do not need to worry about the contributory fault standard and losing because they shared any responsibility for the accident. However, the accident victim’s goal remains to minimize any percentage of liability they could be assigned in their case. This serves a critical role in their ultimate financial recovery.

What is Modified Comparative Negligence?

In a modified comparative negligence jurisdiction, injured victims can claim damages even if they shared fault for the accident. Texas law refers to this as “proportionate responsibility.” Texas uses a 51% comparative fault standard. This means a plaintiff cannot recover in a personal injury claim if they were 51% or more responsible. If they were 50% or less at fault, they can move forward with a legal claim.

In contrast with the contributory fault standard, the Texas rule is far more generous to accident victims who might have played some role in the accident. As long as the other party was equally or more at fault for causing the accident, they can be held liable in Texas.

For example, if a driver runs a red light and strikes another driver who was not wearing their seatbelt, the red-light driver can still be held responsible for the victim’s injuries. However, the victim’s potential financial payout would be reduced in proportion to their percentage of fault. In this example, if a court finds the traffic victim would normally be entitled to $100,000 but was 10% at fault for their injuries, their payment would be reduced to $90,000.

Skilled personal injury attorneys will know the importance of reducing their client’s percentage of fault. Due to the financial consequences, there can be a tremendous difference between 40% liability for an accident and 0% liability. Regardless of your potential share of fault, however, you should not let your role in the accident keep you from consulting with an experienced injury lawyer.

Proving Fault in an Accident

Proving fault requires a complete investigation of the accident and all available evidence. When you hire a personal injury lawyer, their job is to track down information such as police reports, video footage of the accident, witness names and statements, medical reports, and other proof related to your claim.

A personal injury lawyer will then use that evidence to paint a clear picture of what happened and why the other party bears responsibility. Beyond that, your lawyer will seek to prove that your share of liability was not only less than 51% – that it was closer to zero.

Insurance companies and defense attorneys will fight tooth and nail to prevent you from collecting the financial recovery you deserve. Fight back with a skilled personal injury law firm at your side.

Contact a Dallas Personal Injury Lawyer for a Free Consultation

If you’ve been injured in an accident, you could have important legal rights and a right to seek compensation for your damages. In a negligence case, courts and insurance companies will look at your involvement in the accident. Since Texas does not follow a contributory negligence standard, you can still be paid for your damages even if you were partially at fault. Don’t hesitate to call our dedicated Dallas personal injury lawyers to learn more and set up a free consultation.