What is “proportionate responsibility” in wrongful death claims?

Under Texas’ “proportionate responsibility” law, if you are more than 50% at fault in an accident, you cannot recover any damages. In wrongful death claims, this rule applies to your deceased loved one’s actions.

If the court finds them 51% or more at fault for the fatal accident, your family can’t recover damages. However, if your loved one was 50% or less at fault, your family can recover damages, but the court will reduce the amount by their percentage of fault.

How do you prove the defendant is at fault?

When pursuing a wrongful death claim, you must prove the defendant’s fault or negligence. This means you need to show that the defendant:

• Had a responsibility to drive safely and follow traffic laws
• Failed in this responsibility, perhaps by speeding or texting while driving
• Directly caused the fatal collision due to their driving

Moreover, you must prove proximate cause, which means that a reasonable person could have foreseen that reckless driving could result in a fatal accident. It’s also important to show that the death resulted in financial losses for the surviving family members, such as funeral costs and lost income.

What factors do courts consider?

When assessing fault in a car accident, courts consider a variety of factors that help determine each party’s degree of fault, including the deceased:

• Traffic law compliance: Did the drivers follow speed limits, traffic signals and other road rules?
• Driver behavior and impairment: Were the drivers distracted or driving under the influence of alcohol or drugs?
• Environmental and vehicle conditions: What were the weather, road conditions and vehicle maintenance like?
• Evidence and expert analysis: What do police reports, witness statements and expert accident reconstructions say?
• Contributory actions of the deceased: Did the deceased’s actions contribute to the accident and their injuries (e.g., not wearing a seatbelt)?

Take note that courts examine these factors in the context of each unique case. The weight given to each factor can vary depending on the specific circumstances of the accident.

Get the support you need

Grieving is hard enough without the added stress of legal complexities. If you’re considering a wrongful death claim, an attorney can guide you through the process.

At Gamez Law Firm, we understand the pain and confusion that follows a tragic loss. Our dedicated team in San Antonio is here to help you seek justice and recover compensation for your loss. We offer free consultations to discuss your case and provide the guidance you need to move forward. Don’t face this difficult journey alone—call us today at 210-736-4040 and let us fight for the justice your family deserves.