Do I Still Have An Personal Injury Case If I Was Also at Fault?

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FREE PERSONAL INJURY CLAIM REVIEW
Houston: 713-957-2030
(TOLL FREE: 888-777-6391)

Do I Still Have An Personal Injury Case
If I Was Also at Fault?

www.texasaccidentinjurylawyers.com

Do I Still Have an Accident Injury Case if I Was Also at Fault?
» As we discussed in another article (read our '
How do I Prove Medical Expenses in my Accident Injury Case?' article), the
question about recovering medical expenses in a personal injury case in
Texas is governed in part by the Texas Constitution, in part by statute, and
in part by court cases.
» The importance of this fact is discussed in the referenced article and won’t be
repeated here, but we suggest you read that article in connection with
learning the answer to the question that is addressed in this article.


» The importance of this fact is discussed in the referenced article and
won’t be repeated here, but we suggest you read that article in
connection with learning the answer to the question that is addressed
in this article.
» The question we are exploring in this article could arise out of pretty
much any kind of accident or injury case, but for ease of discussion we
will focus on a vehicle accident. Let’s make it a discussion in the context
of an 18 wheeler truck accident and a motorcycle accident.
» For the sake of the motorcycle rider, we can only hope that he was
wearing his safety helmet, because when an 18 wheeler tangles with
another vehicle, the other vehicle usually loses.


» In our fact scenario, let’s suppose that the motorcyclist was speeding,
which they are known to do at times, and even weaving in and out of
traffic.
» Now let’s also suppose that our 18 wheeler is fully loaded with cargo,
which has made the truck a bit cumbersome on the road, especially when
it is going up a rise on the highway, which is where it is when our
motorcyclist starts to pass it.


» The 18 wheeler driver couldn’t see the motorcyclist when it was
directly behind the truck, he testified at trial.
» All he knew was that when he moved into the left lane of traffic to pass a
slow moving truck, he suddenly felt a slight impact and saw a motorcycle
spinning out of control in his driver’s side rear view mirror. There was
nothing I could have done to avoid this accident he told the jury.
» The motorcycle driver suffered serious injuries and his motorcycle was
destroyed, but he was able to testify at trail. His story was that he was
forced to move into the left lane of traffic right beside the 18 wheeler
because a car had run up behind him at a high rate of speed and he was
afraid he would be hit from behind. I was passing the 18 wheeler when
the large truck suddenly changed lanes right into my forward path, he
said.


» There was nothing I could do, the motorcyclist testified. The car was
about to hit me from behind, so I changed lanes and that 18 wheel
truck took me down like I was a mosquito being swatted.
» Therefore, he told the jury, the trucking company and the car owner
should have to pay for my motorcycle, my medical expenses, my lost
income, and my pain and suffering, he said.


» Other witnesses testified that the motorcyclist was also speeding and
weaving in and out of traffic before the accident occurred.
» The driver of the car testified that he could have slowed down before
hitting the motorcycle and that the motorcyclist didn’t really have to
change lanes suddenly as he did. It looked like he just wanted to beat me
around the truck, he told the jury. I shouldn’t be held responsible for his
damage claim.


Who is at fault here?
» Was the truck driver negligent in failing to make sure it was safe to
change lanes before moving into the path of the motorcycle? Was the
driver of the car negligent in running up behind the motorcycle at a high
rate of speed?
» Was the motorcyclist contributorily negligent because he was speeding and
weaving in and out of traffic, suddenly appearing in the lane beside the 18
wheeler? In other words, were all three of these drivers at fault in this
accident?
» You might be asked questions like this if you were a member of the jury in
this case. You could also expect to be asked questions about what
percentage of fault should be attributed to each of the drivers in this case.


This is because Texas has a proportionate responsibility statute.
» If the jury were to find that the motorcyclist was more than 50%
responsible for this accident, he would be barred from recovering
anything from the 18 wheeler’s insurance company or from the car
owner’s insurance company.
» But if the motorcyclist is found to be less than 50% responsible, the statute
addresses how liability will be apportioned.
» The proportionate responsibility statute applies to any cause of action that is
based on a tort in which a defendant, a settling party, or a responsible third
party is found to be responsible for a percentage of the harm for which relief
is sought.


Under the statute, the jury (or the judge if the case goes to trial without
a jury) must determine the percentage of responsibility with respect to
each claimant, each defendant, each settling person, and each
responsible third party (designated under another part of the statute,
which is not within the scope of this article) and the extent to which
they caused or contributed to cause in any way the harm for which the
recovery of damages is sought, whether by negligent act or omission, by
any defective or unreasonably dangerous product, by other conduct or
activity that violates an applicable legal standard, or by any combination
of these.


» Once the jury makes this determination, a defendant who is found
liable is liable to the plaintiff only for the percentage of the damages
found by the trier of fact equal to that defendant’s percentage of
responsibility with respect to the personal injury, property damage,
death, or other harm for which the damages are allowed.
» The language in this paragraph and the previous paragraph is a bit
convoluted but it comes from the statute.


» The statute has another provision, however, that overrides the
previous paragraph where the percentage of responsibility attributed
to a defendant is greater than 50% (or in other situations involving the
penal code that are not relevant here).
» In such cases, that defendant has joint and several liability for damages
recoverable by the plaintiff. If the plaintiff recovers all of his damages
against the defendant who is jointly and severally responsible, then that
defendant has the right to seek contribution from the other liable
defendants up to their respective percentages of responsibility.


Texas Accident & Injury Law Can Be Very Complicated
Well, if you think this has gotten to sound really complicated, it is,
sometimes even for lawyers and judges. This is why we believe that if
you have a personal injury claim, you should be represented by an
experienced Texas accident injury lawyer who knows you, knows the
law, and knows all the facts of your particular case.


CALL US NOW FOR A
FREE PERSONAL INJURY CLAIM REVIEW
Houston: 713-957-2030
(TOLL FREE: 888-777-6391)

Kennedy Hodges & Solomon Personal Injury Lawyers
510 Bering Drive, Suite 300,
Houston, Texas 77057
info@texasaccidentinjurylawyers.com


Do I Still Have An Personal Injury Case If I Was Also at Fault?

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Do I Still Have An Personal Injury Case If I Was Also at Fault?