The Doctrine of Proportionate Responsibility, also known as comparative negligence or comparative fault, is a legal principle that is used to determine the degree to which each party in a lawsuit is responsible for the damages caused by an accident or injury. Under this doctrine, each party’s degree of fault or negligence is taken into account in determining the amount of damages they may be required to pay. The damages are then divided among the parties in proportion to their degree of responsibility.
For example, if a car accident occurs and both drivers are found to be partially at fault, one driver may be found to be 60% responsible and the other driver may be found to be 40% responsible. If the total damages for the accident are $100,000, the 60% responsible driver may be required to pay $60,000 in damages, and the 40% responsible driver may be required to pay $40,000 in damages.
Doctrine of Proportionate Responsibility in Texas
the Doctrine of Proportionate Responsibility is used in Texas to determine the degree of responsibility of each party in a lawsuit for damages caused by an accident or injury. Under Texas law, if the injured person is found to be more than 50% responsible for the accident or injury, they may be barred from recovering damages. This is known as the “51% bar rule.” Texans should know four thinga about this legal principle:
- It applies in personal injury cases: The Doctrine of Proportionate Responsibility is used in Texas to determine the degree of responsibility of each party in a personal injury lawsuit for damages caused by an accident or injury.
- It allows for shared responsibility: Under the doctrine, each party’s degree of fault or negligence is taken into account in determining the amount of damages they may be required to pay. This means that even if someone is partially responsible for an accident or injury, they may still be entitled to recover damages for their losses.
- It has a threshold: If the injured person is found to be more than 50% responsible for the accident or injury, they may be barred from recovering damages. This is known as the “51% bar rule.”
- It can be complex: The Doctrine of Proportionate Responsibility can be complex and difficult to navigate without legal assistance. It is important for Texans to seek the advice of an experienced personal injury attorney if they have been injured in an accident to ensure they receive the compensation they are entitled to.
