How Kelso Law Helps Maximize Compensation in Partially at Fault Car Accident Cases in Richardson

Richardson is a vibrant and family-friendly suburb in Texas that houses 100,000 people. Being a major tech and telecom hub and home to the University of Texas at Dallas (UTD), combined with its proximity to Dallas, the streets of the city are often busy. This also means that the city has seen its fair share of crashes.

Being involved in a car accident is a traumatizing experience. It is even more so when you are partly the reason it happened. In fact, most people believe that they will not be able to get compensation for any of their losses. However, that is not always the case. Under Texas Civil Practice and Remedies Code Section 33.001, people who share fault can recover damages to a certain degree.

However, to properly navigate the legal system, you need an experienced Richardson car crash law firm. Most people turn to Kelso Law, a trusted firm that has been around since 2017. Their familiarity with the laws, evidence collection, investigation, and negotiation skills gives you a better chance of getting maximum compensation.

Understanding Partial Fault in Texas Car Accident Claims

Most states in the United States follow a version of comparative negligence. Texas, in particular, has a modified comparative negligence rule. The Texas Civil Practice and Remedies Code Chapter 33 states “A claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”

This law means that if your share of fault is deemed to be anywhere between 1 and 50%, that percent of your compensation will be cut, and the remaining may be awarded to you. However, if it is 51% and above, you will receive no compensation.

For example, you were taking a bite of a sandwich when the accident occurred, but the other driver cut the red light while speeding. In this situation, you might be considered 30% at fault, so 30% of your damages will be cut, and you will only receive 70%. Meaning, if your damages are $100, you will only receive $70.

About Kelso Law

Kelso Law, PLLC, a Texas law firm started by attorney Rhiannon Kelso in Dallas in 2017. The firm focuses on personal injury law, immigration law, and medical negligence. Alongside two other attorneys, Alma Chavez and Ja’Lexis Hardy, the firm has helped victims recover over $20 million as compensation for their losses.

As a bilingual firm, Kelso Law provides legal services in both English and Spanish, making quality legal representation more accessible to a diverse range of clients. The team is committed to helping accident victims navigate complex legal challenges and pursue fair compensation.

With more than 25 jury trial victories, Kelso Law has earned a reputation as a trusted advocate for injured individuals throughout Texas. Their experience, client-focused approach, and dedication to achieving favorable outcomes have made them a sought-after firm for accident and injury claims.

Challenges Accident Victims Face When They Are Partially at Fault

Let us look into some common challenges you might face if you were found to be partially at fault in a car accident:

• Insurance companies try to assign excessive blame: Once an insurer gets to know that you share a percentage of fault, they might try to increase your share. This way, the company gets to reduce, or in some cases, even decline, compensation.
• Disputes over accident reports and witness statements: Factors like accident reports, witness statements, CCTV recordings, etc., may have conflicting stories. When evidence is inconsistent, determining fault can become a matter of interpretation, leading to disputes between the parties involved.
• Pressure to settle quickly: Insurance companies may try to push you to accept an early settlement. Many victims end up taking this offer and then realize that their actual compensation was supposed to be much higher.
• Difficulty calculating damages accurately: Calculating damages can be complex. While current economic damages are pretty straightforward, you also need to consider future economic damages, as well as non-economic damages.

How Kelso Law Helps Maximize Compensation

Here are some of the ways Kelso Law helps clients pursue maximum compensation:

Challenging fault determinations

Kelso Law thoroughly examines the evidence and conducts a thorough investigation to identify any inconsistencies. This ensures that you are not bearing a higher share of fault.

Negotiating With Insurers

While insurance companies may try to minimize your compensation, Kelso Law can take over the negotiation as your legal representative and advocate for a settlement that reflects the true extent of your losses.

Presenting Strong Evidence

A strong case requires compelling evidence. Even if some evidence might seem against you, Kelso Law digs deeper for more extensive evidence and documents to prove your losses and reduce your share of fault.

Demonstrating the Other Party's Negligence

Proving the other party’s fault is just as important as proving yours. Kelso Law works to highlight evidence that supports your position and accurately reflects each party's responsibility.

Litigation Readiness

Sometimes cases with shared fault cannot be resolved through negotiation and have to move to court. Kelso Law is prepared to go to court to ensure that you get the compensation you deserve.

Key Takeaways

• Being partially at fault for a car accident does not automatically prevent you from recovering compensation in Texas.
• Under Texas's modified comparative negligence rule, you may still recover damages if your share of fault does not exceed 50%.
• Insurance companies often use shared-fault claims as an opportunity to reduce payouts by assigning excessive blame to accident victims.
• Strong evidence, accurate damage calculations, and effective negotiations are critical to maximizing compensation in partially at-fault accident cases.
• Kelso Law helps clients challenge unfair fault determinations, gather compelling evidence, negotiate with insurers, and pursue fair compensation.
• With extensive experience in personal injury law and a proven track record of results, Kelso Law is prepared to advocate for accident victims in Richardson and throughout Texas.

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