Can I Sue a Driver Even If I Was Partly at Fault in a Car Crash? By Hardin Ramey on June 15, 2024

Driver upset about a car accident

Automobile collisions are one of the risks of driving. Car accidents frequently cause economic and non-economic damages, including personal injuries, medical expenses, lost wages, and pain and suffering. Injured parties can sue liable parties for resulting losses. But what happens when fault in a collision is shared?

It is not unusual for accident liability to be shared by more than one driver. The car accident lawyers at The Ramey Law Firm are often asked, “Can I sue a driver even if I was partly at fault in a car crash?” Our Dallas, TX, lawyers can investigate the details of a collision to determine how the state’s modified comparative fault system affects the ability to file a lawsuit.

What Is Modified Comparative Fault?

When considering personal injury claims for car accident damages, the state of Texas follows the modified comparative fault system. This standard allows injured parties to sue another driver for collision damages even if they are partly at fault for the crash. However, a driver who shares liability for an automobile accident can only file a lawsuit if determined to be less than 51 percent responsible for the collision. Drivers assigned 51 percent fault or more cannot recover accident damages from the liable driver or the driver’s insurance company.

How Much Compensation Will I Collect?

Dallas drivers assigned less than 51 percent liability for a car accident can file a lawsuit to pursue compensation for damages such as:

  • Medical expenses
  • Cost of anticipated future medical treatment
  • Cost of ongoing therapy or rehabilitation
  • Lost wages
  • Diminished wage-earning capacity
  • Pain and suffering

However, the amount of compensation an injury victim can collect is affected by proportionate responsibility. Essentially, drivers can pursue financial compensation for the full amount of accident damages minus their percentage of liability.

The comparative fault system can be confusing, especially regarding its effect on the collection of compensation. Here is an example of comparative fault in a personal injury claim. Driver A suffers $100,000 in losses from a car accident. They sue Driver B for compensation. Driver A is assigned 30 percent liability for the crash, so they collect $70,000 from Driver B ($100,000 - 30 percent).

What If I Disagree With the Insurance Company’s Determination of Liability?

Insurance companies try to minimize the compensation they pay out after a car accident so they may assign partial fault to a driver even when they didn’t contribute to the crash, or at least not to the extent the insurance company claims. Drivers who disagree with an insurance company’s determination of accident liability can work with our Dallas car accident lawyers to dispute the findings and go after liable parties for damages. Our lawyers work with experts to investigate an accident and gather evidence necessary to establish liability and maximize financial compensation for our clients.

Contact Us

Car accidents can be physically, emotionally, and financially devastating. The personal injury lawyers at The Ramey Law Firm have the knowledge and expertise to assist collision victims in pursuing the compensation they are due for their losses. To discuss the details of your case with our legal team, contact our law firm online and schedule a consultation at your earliest convenience.

Related to This

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite