When someone trips over something, falls and suffers a serious injury, questions will be asked concerning the cause of the accident. The first questions may be asked by bystanders rushing to help. Police officers will be filing a report. An insurance adjuster will be trying to determine what happened. Questions should be answered honestly, but carefully. A thoughtless statement made to anyone, especially an insurance adjuster, could prove to be very expensive at a later time.
If another person was 100% at fault for the accident, then that person should be responsible for paying medical bills and other costs. However, many accidents are not quite so clear-cut. For example, suppose that someone falls down a flight of stairs. Was there loose carpet or an uneven step? Was there an object on the stairs? Was the person who fell talking on the phone or texting? Did they trip over an untied shoelace? The answers to these or any of 100 similar questions would help to determine who was at blame for the accident.
What happens if the owner of the property and the accident victim were both at fault? The carpet on the stairs might have been slightly buckled in one spot, but the person who fell wasn’t holding on to the railing and was busy talking to someone at the time. Determining which party was most at fault becomes extremely important.
Texas follows the 51% Bar Rule, which means that if the injured party is determined to be 51% or more at fault, they cannot recover damages. The insurance company’s lawyers will attempt to twist everything that the injured person said from the moment of the accident. They will make it sound as though the victim is saying that the accident was their fault. If they can convince the court that the victim was at least 51% at fault, the insurance company wins and the accident victim receives nothing.
Anyone who has fallen and been injured due to another’s negligence should request a free consultation with a Slip and Fall Attorney at the Law Firm of David S. Kohm. They have over 20 years experience in providing assertive representation for those seeking the compensation that they deserve in the Fort Worth and Keller, TX region. Talk to an experienced Slip and Fall Attorney to learn about the options that may be available.
