It’s possible for more than one person to be found responsible in a shared-fault personal injury case in Texas. These cases can be quite complicated, which is why it’s critical for the victim to hire legal representation to gather evidence and prove liability.
Regardless of whether the conditions of your accident are straightforward or if there are multiple people involved, our team at The Green Law Firm is here to help you build a solid, evidence-based claim.
How It Works When There Are Multiple Parties Liable for Personal Injury
Every accident case is unique because there are different conditions and circumstances that may have contributed to the cause of the accident. In a shared-fault personal injury case in Texas, liability might be found with one or more of these parties:
- Other drivers and vehicle owners
- Employers, if the driver was on the job when they caused the crash
- Property owners who allowed hazards to exist
In order to prove liability, we need to show the specific causes of the accident. There are often times when multiple causes contributed to the accident, and each of these causes could point to a different party that was involved.
For example, this situation might involve three separate parties who are each assigned a percentage of liability:
- A delivery driver runs a red light
- That driver hits a speeding car
- A property owner left a blocked sightline
Each of these parties contributed to a portion of the accident, which is why an in-depth investigation is needed to determine the percentage of fault carried by each party.
The Legal Approach When Multiple Parties Hold Liability in an Accident
As an accident victim, you have the right to name every party that you believe contributed to the accident. Here in the state of Texas, defendants are also allowed to point to others, which means that the defendants you name could bring in other responsible third parties. It’s important that the right defendants are named in the case.
Strong evidence is needed to show the causes of the accident and how each party played a role in the accident. Some of the most common types of evidence used to prove these cases include photos, videos, witness testimonials, phone records, maintenance records, employment records, and more. There are also times when it’s necessary to bring in experts to recreate the accident.
How Texas Divides Fault Among Liable Parties
In these types of cases, fault is divided based on a determined percentage of how much each party contributed to the accident. This is why legal representation is so important for accident victims, because the insurance adjusters are proactive about trying to deflect fault in order to minimize the amount that needs to be paid.
Also, keep in mind that the state of Texas uses comparative negligence rules, which means that your recovery is going to be reduced based on your share of fault. If you are more than 50% responsible for the accident, then you won’t receive any compensation.
Fault determination is always based on facts, which is why each side will work to gather evidence that supports their claim. Often, the negotiations in these cases are focused on determining liability percentages, since these numbers decide who pays when multiple people are responsible for an injury.
How Settlement Payments Work When Multiple People Are Responsible
When there is joint liability in Texas personal injury cases, the compensation is divided based on the percentages that are assigned to each party. So, the settlement paid by one party can reduce the amount that is owed by other parties. For example, if one party settles, then that amount is credited against the total, and the remaining defendants will still need to pay their shares.
When one at-fault party doesn’t have insurance coverage or assets, or they are underinsured, then you might not be able to collect that share. In this situation, there might be a possibility of recovering that portion of the settlement through your own uninsured motorist coverage.
Why These Shared-Fault Claims Get Complicated
The reality is that these types of claims can get quite complicated, especially when there are multiple insurers involved. Every party is working to minimize their liability and reduce potential payouts, which often results in a situation where insurers are finger-pointing and sharing conflicting evidence. These conditions can slow down the overall process and delay the final settlement.
The most important thing that you can do is work with an experienced personal injury attorney. Not only do you need legal representation to protect your rights, but the right legal team will help with gathering evidence and proving liability before the statute of limitations expires.
FAQs
Can I sue more than one person after an accident in Texas?
Yes, it’s possible to name multiple parties in an accident claim, depending on the circumstances of the accident. For example, if a car accident was caused by a delivery driver who was on the job, then both the driver and the employer might be found liable for the accident. Every party who contributed to the accident can be named in the lawsuit.
How is fault divided when multiple people cause an accident in Texas?
Through the settlement or jury process, each party will be assigned a percentage of responsibility. The percentage of fault will determine the amount of the settlement that needs to be paid by each party.
What if one of the at-fault parties does not have insurance?
If you are unable to collect a share of the settlement from one of the parties, then you might be able to receive payment through your own uninsured motorist policy.
When to Speak with a Personal Injury Lawyer
When you or a loved one has been in an accident, and you suspect that multiple parties are involved, it’s best to call a personal injury lawyer as soon as possible. Regardless of the circumstances of the accident, you’ll want to talk to a legal team about your claim before providing any statements to the insurance adjusters.
At The Green Law Firm, our team is here to assist every step of the way. We’ll review the facts of your case and identify the parties that may owe you a portion of the settlement. Contact us for more information about available legal services and to schedule your free consultation at (956) 542-7000.
