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How Will Negligence Laws in McAllen Affect the Outcome of a Car Accident Lawsuit?

— November 17, 2021

All negligence cases allow for a plaintiff to ask for certain types of damages.

McAllen, TX – When a car accident happens, there may be insurance claims filed, and the party responsible for the damage can face a negligence lawsuit. This is a common type of car accident case, but it is also used in other situations in personal injury law such as for slip and fall injuries. The negligence doctrine says that the defendant party breached the standard duty of care on the roads, and this breach of care was the actual and proximate cause of the victim’s injuries. The victim can then ask for damages or compensation. 

Various systems of negligence active in each state also have specific rules regarding the plaintiff’s level of fault. 

Different systems in the United States

There are a few different systems in states throughout the U.S. Contributory negligence is a doctrine where any fault at all on the part of the plaintiff is an absolute bar to recovery of any damages. Many states have modified this doctrine into comparative negligence. Depending on the specific rules, comparative negligence can be divided any way between all parties involved in an accident, where fault only results in a reduction in damages. However, in some states if the plaintiff is more than fifty percent at fault for their injuries, they cannot recover anything at all, even under comparative negligence rules. 

Modified comparative negligence

Texas law has adopted the modified comparative negligence system. This means that a plaintiff can collect money from the defendant in the car accident case if their fault is less than the defendant’s. This generally means that a plaintiff with more than fifty percent fault cannot collect anything at all. In situations where the plaintiff’s comparative negligence is less than fifty percent, their total damage award is reduced according to their level of fault. In cases where injuries and damage are extensive, a plaintiff with partial fault may still possibly collect a large amount. 


X-ray of person with broken collarbone; image by Harlie Raethel, via
Image by Harlie Raethel, via

All negligence cases allow for a plaintiff to ask for certain types of damages. In Texas, this can include economic and non-economic damages. In car accident cases, economic damages will tend to be property repair costs, medical and hospital bills, and lost wages. Non-economic damages can be for pain and suffering tied to injuries and reductions in the victim’s quality of life. 

Learning more about civil accident lawsuits

Tijerina Law Firm is a law practice that works with accident victims in McAllen and nearby parts of Texas. Their attorneys can explain more about negligence or answer any other questions related to motor vehicle crash lawsuits. 

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