Aulsbrook Law Firm - February 2021

Entitled to Compensation If …

Examining Texas’ Comparative Negligence Law

increase the likelihood and severity of their injuries from the accident. In this case, the courts and insurance companies examine fault using the comparative negligence law and assign a percentage of blame to each party. However, doing so varies by state. For instance, some states have pure comparative negligence practices, which allows any party involved in an accident, regardless of how “at fault” they were found, to seek compensation for their injuries. As Investopedia explains, someone who is found “99% fault for the accident … can still recover 1% of the damages assessed from the defendant.” This works a little differently in Texas. Our Civil Practice and Remedies Code §33.003 states that a person who is found to be 51% at fault for a collision is not entitled to compensation. Instead, it’s the parties who are 50% or less responsible for an accident who can recover monetary support. Understanding how this system works can be a powerful tool for plaintiffs. It’s important to share any and all details of the collision with your attorney so they can help you seek payment and understand what your options may be. Using Texas’ Civil Practice and Remedies Code §33.003 statute, you might prove that while your actions contributed to your injury, you were not the main negligent party and, therefore, deserve some form of justice.

It’s often difficult to identify the “sole” cause of the accident, and this can create complications for parties seeking proper compensation for injuries and damage repair. To combat this problem, many states have enacted their own variations of comparative negligence law, designed to assign a percentage of fault to each party involved in the accident. By doing so, the courts can identify who was most at fault and therefore liable. Let’s start with when this law would be applied to an accident claim. There are often situations where one person’s negligence or actions set off a course of events that lead to an accident, but a person who, for instance, knowingly operates a vehicle without airbags or while texting can exacerbate or

If you have further questions about your case or would like to learn more about Aulsbrook Law Firm’s various areas of expertise, please visit TheTexasLawDog.com .

Texas-Sized LAUGHS

MEDITERRANEAN STUFFED CHICKEN BREAST

INGREDIENTS

DIRECT IONS

• •

2 chicken breasts 2 oz mozzarella cheese, cubed 2 canned artichoke hearts, chopped 4 tsp sun-dried tomatoes, chopped 10 large basil leaves, chopped

1. Preheat oven to 365 F. 2. Cut a slit lengthwise to create a pocket in the middle of each chicken breast. Place the breasts on a baking sheet. 3. In a medium bowl, combine the mozzarella cheese, artichoke hearts, tomatoes, basil, and garlic. 4. Divide the mixture in half and stuff each chicken breast pocket. Using toothpicks, seal the edges of the pockets. 5. Season the chicken with curry, paprika, salt, and pepper, then bake for 20 minutes or until the chicken reaches 165 F. 6. Remove the toothpicks and serve with rice, potatoes, salad, or roasted vegetables!

2 cloves garlic, chopped

• • •

1/2 tsp curry powder

1/2 tsp paprika Salt and pepper, to taste

Inspired by DiabetesStrong.com

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