Contributory Negligence Laws

Auto accidents happen daily in Texas; many people are seriously injured and even killed in these unfortunate incidents. If you were in an El Paso car accident, you must know the state’s strict contributory negligence law, which affects whether you can obtain compensation in a claim or lawsuit. Below is critical information about this subject. Contact our El Paso personal injury lawyers at Cesar Ornelas Injury Law for more details. 

What Is Contributory Negligence? 

Only four states in the country have a strict contributory negligence law. The law states that plaintiffs cannot recover compensation after an accident for their injuries if they were responsible for the incident. Therefore, you cannot sue for damages even if you were only 1% at fault. 

However, the defendant must prove that your negligence contributed to your injuries. It is insufficient for the defendant to prove that negligence happened. Instead, they must show the relationship between your negligence and your injuries. So, contributory negligence does not apply if you were negligent but were uninjured. 

Contributory negligence is often used as a defense after an accident claim is based on negligence. But you may be able to refute this defense by citing the ‘last clear chance doctrine.’ This means you may fully recover if you prove you were in a hazardous situation after your negligent act and could not avoid the accident. Also, you must prove that the defendant could have avoided the accident but didn’t. 

For instance, suppose you were changing your SUV’s tire on the side of the interstate. The person who hit you might argue you were partially at fault because your vehicle was too close to the highway. However, if the other driver should have seen you well before the accident could happen, you still could receive compensation in a lawsuit. This strategy could probably work if your vehicle were several feet from the right lane and clearly on the shoulder. 

Proximate Cause Doctrine

Some courts attempt to soften some aspects of the contributory negligence rule by requiring that the plaintiff’s negligence is a proximate cause of their accident injuries., The matter of proximate cause looks at the following issues: 

• If a foreseeable outcome happened in a way that would have been extraordinary or unforeseeable. 
• Whether the injured party was in a group of victims that could be foreseeably affected. 

If the court finds that your negligence was not a proximate cause o your injuries, you would not be barred from seeking compensation. 

Gross Negligence Doctrine

Another exception to the contributory negligence rule is if the other driver’s negligence was ‘willful or wanton.’ If that is true, you still could recover compensation for injuries. Willful or wanton behavior is if the other driver intentionally disregards your safety and rights. 

For example, if your stalled car was partially in the highway’s right lane, you could be considered partly at fault for the accident. But the gross negligence doctrine could apply if the other driver was upset that the lane was partially blocked and purposely got too close to you to retaliate. 

The Rule Of Sevens

This rule means that children under 7 are incapable of contributory negligence. There also is a presumption of incapacity for children between 7 and 14. But this can be overcome if your attorney can show capacity. 

If you’re hurt, and the other party was at fault, you can sue for your injuries. The injured party usually gets compensation from the insurer representing the at-fault driver. But there are several ways you can obtain compensation after your accident: 

• Claim with your insurance company: It is sometimes less complicated to file a claim with your auto insurance firm. However, after the claim is filed, your insurance company will seek compensation from the at-fault driver’s insurance provider. 
• Claim with a third-party insurance company: Contacting the at-fault driver’s insurance company can be complicated, but it can get you the money needed for recovery. Call the insurance company or send them a letter that you intend to file a claim. Or, have your auto accident attorney handle it.
• File a personal injury lawsuit: You might not want to take the other driver to court. But it can be the best solution in some accidents. For example, if you have severe injuries and the other insurance company doesn’t want to compensate you, going to court fairly is the best choice. 

How To Prove Fault After An Auto Accident

The contributory negligence rule means it is critical to proving that the other driver was 100% at fault for the accident. This can be challenging to do by yourself, so it’s best to hire an auto accident attorney to prove negligence with some or all of the following evidence: 

• Visual evidence: Try to take as many pictures as possible after the accident. Take photos and video of the accident scene, vehicles involved, injuries, skid marks, and road debris from crashed cars. 
• Eyewitness testimony: Get contact information from crash eyewitnesses. Your attorney will talk to the witnesses and use their testimony if it helps your case. 
• Reports from police: The police report may note who they think was at fault for the crash. It also will include information about the crash scene and more that could benefit your claim. 
• Medical bills: How much you get in a settlement largely depends on the nature and severity of your injuries. If you have serious injuries, this means more medical bills, lost earnings, and pain and suffering. 

Contact A Personal Injury Attorney Today

Were you hurt in an auto accident in Texas? If another person caused the accident, you could be eligible for compensation. However, if you were partially responsible for the incident, you may not be able to sue for damages. Talk to our personal injury attorneys at Cesar Ornelas Injury Law today to determine if you can receive compensation for your losses. 

Autor

Kirk Mathis specializes in cases involving automobile collisions, truck wrecks, medical malpractice, product liability, environmental damage, insurance claims, and premises liability. Mr. Mathis is licensed to practice in Texas as well as Federal Court in the Eastern District of Texas, Western District of Texas, Southern District of Texas, District of Colorado, and the Central District of Illinois.