If you get hurt because of the actions of someone else in Texas, such as a careless driver or a negligent property owner, you could qualify for financial compensation to help you pay for your bills and rebuild your life. Depending on the circumstances surrounding your accident, you may be able to hold more than one party accountable for your injuries under Texas law.
In Texas, joint and several liability laws apply to cases with multiple at-fault parties. Understanding this legal principle can make it easier for you to navigate your claim and protect your recovery rights. If you need help with this aspect of your personal injury case in Texas, contact FVF Law Firm for a no-cost and no-pressure case review with an Austin personal injury attorney.
What Is Joint and Several Liability?
In personal injury law, “joint and several liability” refers to multiple individuals or entities being held legally responsible or liable for harm caused to a plaintiff or injured party. If an investigation determines that more than one person caused or contributed to a harmful accident, multiple parties can be named as defendants in a related personal injury case.
A joint and several liability law can hold each defendant responsible for either the entire amount of the victim’s damages or just the individual defendant’s percentage of fault. These laws are in place to help a plaintiff make a full financial recovery by holding all responsible parties accountable – potentially leading to multiple insurance policies being available for coverage.
Under Texas’s joint and several liability law, you may be able to name the other party involved in your accident as a defendant, as well as one or more third parties. A third party is someone who was not directly involved in the accident, but who contributed to the victim’s injuries in some manner.
Examples of Joint and Several Liability
Joint and several liability could apply in a car accident case where two or more drivers are at fault, or if a driver is liable for causing the crash but the manufacturer of a defective seat belt contributed to the severity of the victim’s injuries. The vicarious liability of an employer for an on-duty at-fault driver could also lead to multiple defendants in an injury claim.
Joint vs. Several Liability Laws
| Legal Concept | How It Works |
|---|---|
| Joint Liability | Each defendant may be responsible for 100% of damages |
| Several Liability | Each defendant pays only their percentage of fault |
| Texas System | Proportionate responsibility with key exceptions |
A joint liability law means that each defendant is responsible for 100 percent of the victim’s damages, regardless of each party’s specific degree of fault. A pure several liability law, on the other hand, means that each defendant only pays for his or her individual percentage of fault for an accident.
If one defendant cannot meet his or her payment obligation, a pure several liability law can make it more difficult for a plaintiff to recover full compensation. A joint liability law, on the other hand, offers greater coverage by allotting multiple parties 100 percent payment liability.
What Is Texas’s Joint and Several Liability Law?
Each state has its own unique joint and several liability laws for determining how financial responsibility for an accident is allocated. In Texas, this law is found in Civil Practice and Remedies Code § 33.003:
Sec. 33.013. AMOUNT OF LIABILITY. (a) Except as provided in Subsection (b), a liable defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant’s percentage of responsibility with respect to the personal injury, property damage, death, or other harm for which the damages are allowed.
How Does Joint and Several Liability Work in Texas?
Texas uses a proportionate responsibility law rather than a pure joint liability law. This means that in Texas, each defendant named in a personal injury case is liable only for the percentage of damages equivalent to their percentage of fault. This percentage will be determined by an insurance company, judge or jury upon an investigation of the incident.
Example:
- Defendant A: 20% at fault → pays 20% of damages
- Defendant B: 80% at fault → pays 80% of damages
This is known as proportionate responsibility.
When Does Pure Joint Liability Apply in a Texas Personal Injury Claim?
There are exceptions to Texas’s proportionate responsibility laws that can make a defendant liable for 100 percent of a victim’s judgment award or settlement (and required to pay the full amount) even with less than 100 percent of the blame.
Subsection (b) of the law states:
(b) Notwithstanding Subsection (a), each liable defendant is, in addition to the defendant’s liability under Subsection (a), jointly and severally liable for the damages recoverable by the claimant under Section 33.012 with respect to a cause of action if:
(1) the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than 50 percent; or
(2) the defendant, with the specific intent to do harm to others, acted in concert with another person to engage in the conduct described in the following provisions of the Penal Code and in so doing proximately caused the damages legally recoverable by the claimant.
Under this rule, if a defendant is assigned 51 percent or more of the blame or if he or she committed certain crimes in connection to the incident (including murder, aggravated assault, sexual assault and aggravated kidnapping), this will translate to the defendant being held responsible for 100 percent of the victim’s damages.
Texas’s Comparative Negligence Law
In some personal injury cases, a percentage of fault is assigned to the plaintiff in addition to one or more defendants. If the party filing the claim is allocated a percentage of fault for the accident or injury in Texas, this can reduce his or her financial recovery accordingly under Texas’s comparative negligence law.
Under Texas Civil Practice and Remedies Code § 33.001, a claimant can recover financial compensation as long as his or her percentage of responsibility is less than 51 percent. If a claimant is assigned 51 percent or more of the blame for his or her own injuries, this will bar the victim from making a financial recovery from any other party.
If the filing party is given 10 percent of the blame for a car accident for speeding, for example, a $100,000 settlement would be reduced by the claimant’s 10 percent of fault to $90,000. If the injured party is assigned the majority share of fault, however, his or her settlement would be reduced to $0.
How an Attorney Can Help With a Joint and Several Liability Claim in Texas
If you believe your recent Texas accident was caused by more than one person or party, it’s important to bring your case to an attorney for legal advice and assistance.
A qualified personal injury lawyer with experience handling cases involving multiple defendants could help you in many ways, such as:
- Explaining your legal rights under Texas’s joint and several liability laws.
- Investigating to determine fault for the accident and collecting evidence.
- Searching for all at-fault parties to optimize your financial recovery options.
- Identifying all applicable defendants or at-fault parties.
- Arguing against the comparative negligence defense.
- Handling multiple insurance companies and resolving liability disputes.
- Negotiating a fair and full settlement from insurance claims adjusters.
- Taking your personal injury case to trial, if necessary, for fair results.
With help from an attorney, you can maximize your financial recovery to make it easier for you and your family to move on from a traumatic accident in Texas.
For assistance navigating any of Texas’s complex personal injury laws, don’t hesitate to contact FVF Law Firm at (512) 640-2146. Our lawyers have over 100 years of combined experience representing accident victims in their times of need.
