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What Does It Take to Win A Car Accident Claim in Texas?


In order to win a case arising out of an automobile wreck in the State of Texas, you must prove that the other driver was negligent. This is defined as the failure to use ordinary care. A judge or a jury can actually find that more than one person were negligent to an accident. As such, if it involves a two-car collision, the jury charge presented to the presiding jurors usually asks if either or both parties to the case were negligent. If the jury answers that both were negligent, then the jury is asked to proportion the amount of negligence amongst the parties. As long as the plaintiff is not more than 50 percent at fault, then the plaintiff can recover for compensation for his or her injury and damages. However, any recovery that she receives will be reduced proportionately by the amount of negligence.

By way of example, if there is a disputed liability as to what caused the wreck and plaintiff Paul sues defendant David, the jury will be asked if both the plaintiff Paul and defendant David were at fault. If the jury finds that the plaintiff was 40 percent at fault but defendant was 60 percent at fault and awards $10,000.00 in damages. After the trial, the judge will reduce the $10,000.00 in damages down by 40 percent due to the plaintiff's negligence. As such, the plaintiff will have won the case but will receive only $6,000.00.

The Fort Worth injury lawyers at the Anderson Law Firm will ensure that your case is in the best shape possible to receive fair compensation for your injuries. If you have been seriously injured in a car or truck accident in Texas, contact us today for a free case review to learn how your claim can benefit from the help of a top-rated injury attorney.

Other Articles You Might Be Interested In:
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How To Interpret a Crash Report After Your Texas Car Accident
Be Careful: Giving a Recorded Statement Can Be Harmful to Your Injury Claim
What if the at-fault driver does not have liability insurance?
I was a passenger in a car and the driver of that car was at fault - can I make a claim?



The Anderson Law Firm offers free no obligation consultations to people injured in accidents or who have suffered physical harm as a result of someone else's actions. We do not charge you to initially discuss your situation and establish whether you have a claim to pursue. You can call us and discuss your case over the phone, we can set up an appointment for you to come into our office, or we can visit you in your home anywhere in the metroplex.

If after meeting with us you decide that we are the best personal injury lawyer for you, then we will enter into a contingent fee agreement. This means that we only get paid when we win a settlement or jury verdict in your favor. You don't pay us anything up front. We will cover all expenses spent working on your case. Only when we win for you will you need to pay us. If we don't win, then you owe us nothing.

Contact us online now or call us 24 hours a day toll free on 1-800-354-MARK (1-800-345-6-275). You can also call us locally in Fort Worth on 817-294-1900 or in Dallas on 214-327-8000.


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