Can You File a Claim When You’re Partially at Fault in Texas?
You’re sitting at a red light on I-35 when another driver plows into you from behind. The impact throws you forward. Your neck snaps back. Everything hurts.
But you were glancing at your phone seconds before impact.
The other driver’s insurance calls within hours. They ask if you were distracted. They’re recording the call. You admit you looked at your phone.
Now you’re convinced you’ve lost everything.
You haven’t. Texas uses a modified comparative negligence system that allows you to file a claim even when you share responsibility for the crash.
You can recover damages as long as you’re 50% or less at fault. But the more you are at fault, the less you can get paid.
This is called the 51% rule: cross that threshold to 51% and Texas law bars you from any recovery.
At Angel Reyes & Associates, we’ve spent over 30 years helping Dallas-Fort Worth drivers protect their rights after partial fault car accidents.
We investigate immediately to document your accident before insurance companies manipulate the narrative.
What Is a Partial Fault Car Accident?
A partial fault car accident occurs when two or more drivers each bear some responsibility for causing a crash.
Common examples include both drivers violating traffic laws (one speeding, the other running a stop sign), one driver distracted while another failed to yield, or a driver changing lanes unsafely while another was following too closely.
Texas courts and insurance companies assign each driver a fault percentage based on how much their actions contributed to the crash.
How the 51% Rule Works in Texas
Texas Civil Practice and Remedies Code §33.001 allows you to recover damages as long as you’re 50% or less at fault.
If a jury determines your total damages equal $100,000 and you’re 30% at fault, you receive $70,000. Every percentage point they can pin on you reduces what you take home.
At 50% fault, you still collect half your damages. At 51% fault, you get nothing.
How Texas Comparative Negligence Differs from Other States
Texas uses modified comparative negligence, which is more favorable than pure contributory negligence states like Alabama, Maryland, North Carolina, Virginia, and Washington D.C., where any fault—even 1%—bars recovery completely.
Some states use pure comparative negligence, allowing recovery even at 99% fault. Texas draws the line at 50%.
If You’re 51% or More At Fault
Fault percentages aren’t final until settlement or trial and new evidence can shift them. You can also claim under your own collision coverage, which doesn’t use the 51% rule.
Common Scenarios in Partial Fault Car Accidents
Speeding vs. Red Light Runner
You were traveling 45 mph in a 35 mph zone when another driver ran a red light and T-boned you.
- Typical fault assignment: 15-20% to speeding driver, 80-85% to red light runner
- Insurance company’s initial offer: Often 40% to you, 60% to them
- What attorneys fight for: Proving red light violation was the proximate cause (reducing your fault to 15-20%)
Lane Change Without Signal vs. Distracted Driver
You changed lanes without signaling just as a distracted driver drifted into your path while texting.
- Typical fault assignment: 20-25% to driver who failed to signal, 75-80% to distracted driver
- Insurance company’s initial offer: Often 50/50 split
- What attorneys fight for: Establishing distracted driving created the dangerous condition (reducing your fault to 20-25%)
Rear-End with Equipment Issues
A driver rear-ended you at a stoplight, but their attorney claims your brake lights weren’t working.
- Typical fault assignment: 5-10% to front vehicle, 90-95% to rear driver
- Insurance company’s initial offer: Often 30% to you, 70% to them
- What attorneys fight for: Proving rear driver had adequate time to stop regardless (reducing your fault to 5-10%)
Get Your Free Fault Percentage Analysis
We’ll review your accident details and tell you exactly where you stand, before insurance companies lock in inflated percentages.
Why Insurance Companies Fight Over Every Percentage Point
Your compensation equals your total damages minus your fault percentage.
Example calculation:
- $50,000 medical bills
- $20,000 lost wages
- $15,000 property damage
- $15,000 pain and suffering
- Total damages: $100,000
At 30% fault you receive $70,000. At 45% fault you receive $55,000. That’s a $15,000 difference based solely on percentage assignment.
How Insurance Companies Determine Fault
That phone call from the insurance adjuster isn’t routine fact-gathering. Every word you say gets recorded and used to build their case for inflating your responsibility.
Whether in Dallas, Houston, Austin, or Fort Worth, insurance companies use these factors to assign fault:
Traffic violations. Citations issued at the scene carry significant weight.
Accident reconstruction. Experts analyze skid marks, vehicle damage, point of impact, and physics.
Witness testimony. Independent witnesses can corroborate or contradict driver statements. Witness memories fade quickly, making immediate documentation critical.
Police reports. Officer observations and scene documentation influence final percentages.
Video evidence. Dashcam footage, traffic cameras, and security cameras provide objective evidence.
Each driver’s duty of care. Courts consider whether each driver violated their duty to operate safely—even if no traffic law was broken.
Security camera footage gets recorded over. Physical evidence disappears as roads get repaired and vehicles get fixed.
When Three or More Drivers Share Fault
Texas proportionate responsibility law divides liability among all negligent parties. You might collect from multiple insurance policies simultaneously. Driver A’s insurer pays their percentage, Driver B’s insurer pays theirs separately.
Each insurance company conducts its own investigation, creating a complex web where multiple adjusters try to minimize their company’s responsibility by inflating everyone else’s fault.
How to Protect Your Rights After a Partial Fault Car Accident
The first 72 hours after your crash determine how much blame gets assigned to you.
Document the Scene Before Anyone Leaves
Take photos of all vehicle damage from multiple angles. Capture road conditions, traffic signals, weather conditions, and any skid marks or debris.
Get contact information from every witness who saw the crash happen. Names, phone numbers, and a brief statement about what they observed become critical if fault gets disputed later.
Note the exact location, time, and traffic conditions.
Review Your Police Report for Accuracy
Texas law doesn’t require police reports for every accident, but having one strengthens your case when fault is unclear. Officers document the scene, interview drivers, and sometimes issue citations.
Request your crash report within days and check every detail for accuracy. Errors can shift fault percentages against you.
If the report contains mistakes, Texas law allows you to dispute inaccurate information. Submit corrections quickly before insurance companies use the flawed report to assign you higher fault.
Get Medical Treatment Immediately
See a doctor within 24 to 48 hours even if you feel fine. Delayed medical treatment gives insurance companies an argument that your injuries weren’t serious or weren’t caused by the accident.
Follow all treatment recommendations and attend every appointment. Gaps in your medical care suggest your injuries weren’t significant, which affects both your fault determination and your damage calculation.
Frequently Asked Questions
What does partially at fault mean in a car accident?
Being partially at fault means you share some responsibility for causing the accident. In Texas, you can still recover compensation as long as you’re 50% or less responsible. Your compensation gets reduced by your fault percentage.
How is fault percentage calculated in Texas?
Insurance adjusters and courts consider traffic violations, witness statements, accident reconstruction, police reports, and video evidence. The severity of each violation matters—running a red light creates more fault than speeding five miles over the limit.
Can you sue someone if you were partially at fault?
Yes. You can sue another driver in Texas even if you were partially at fault—as long as you’re 50% or less responsible. Your compensation will be reduced by your fault percentage.
Can I file a claim if I don’t know my exact fault percentage yet?
Yes. Filing early preserves your rights and starts the documentation process while evidence is fresh.
What if the other driver was breaking the law when we crashed?
Serious violations like DUI, texting while driving, or running red lights typically result in higher fault percentages for that driver. Your minor mistake doesn’t eliminate their liability.
How long do I have to file a claim in Texas?
Texas gives you two years from the accident date to file a personal injury lawsuit under the statute of limitations. Most insurance policies require notification within days or weeks of the accident.
Will filing a claim increase my insurance rates?
Your rates may increase after any accident where you share fault, regardless of whether you file a claim. Insurance companies access accident reports through databases. Not filing means you absorb all costs yourself while still facing potential rate increases.
Can fault percentages change after the initial determination?
Yes. Insurance companies make initial determinations, but these aren’t final until you settle or a jury decides. Your attorney can challenge fault percentages by presenting additional evidence, witness testimony, or accident reconstruction analysis.
Protect Your Rights with Experienced Texas Legal Representation
At Angel Reyes & Associates, our experienced car accident attorneys have spent over 30 years fighting for Texas drivers whose fault percentages were being unfairly inflated.
We investigate immediately to preserve evidence, interview witnesses before memories fade, and challenge inflated fault percentages.
We work on a contingency fee basis, so you pay nothing unless we recover compensation.
Our team serves clients throughout Dallas, Houston, Austin, and Fort Worth with bilingual support available.
We deploy investigators within 24 hours. Our board-certified attorneys personally handle every case.
Contact us for a free consultation today.
