Liability will depend on the circumstances of your claim. Sometimes, more than one person can be at fault for an accident.
Your ability to prove who was at fault may be an important part of recovering maximum compensation. Though the majority of personal injury cases settle before going to trial, one of the primary reasons for litigation is for disputes over liability.
If you were partially responsible for the accident that caused your injuries, you may still be able to file a claim.
Texas follows the doctrine of modified comparative negligence when assessing liability for personal injury cases.
Under this rule, the damages you collect can be reduced according to your share of the fault. However, if you are more than 50% at fault, you cannot recover at all.
For example, if you were 20% at fault for the accident, you are eligible to recover 80% of your awarded damages.