Are You Partially At Fault for a Car Accident in Texas?

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Written and Reviewed by Angel Reyes

Published on January 2025

Managing Partner at Angel Reyes & Associates
Over 30 Years of Experience in Personal Injury
Graduated From the University of Michigan Law School: Juris Doctor

In the aftermath of a car accident in Texas, victims are likely to be confused and nervous about figuring out if they share the blame for the damages.  

How do I know who is at fault after a car accident? 

Chances are, more than one party may be at fault in any given scenario. If you are determined to be partially at fault, how does that affect your car accident claim value? In this guide, we’ll compare the key differences between contributory and comparative negligence to help you determine how your percentage of fault can affect your personal injury settlement.  

What is the Difference Between Contributory and Comparative Negligence? 

Some states follow contributory negligence laws, which means that partially at-fault parties cannot recover damages if they share any percentage of the responsibility.  

Luckily for us Texans, the Lonestar State follows a “modified comparative fault” system, a far more modern and fair approach to contributory negligence. Under the laws of comparative negligence, you can still recover partial damages even if you are partially at fault, as long as you weren’t determined to be more than 50% responsible.  

The compensation you collect to cover damages is reduced based on your degree of responsibility.  

Calculating Your Car Accident Claim Value Amidst Contributory Negligence Issues 

The state of Texas handles contributory negligence laws with a bit more flexibility, which positively impacts your potential for gaining compensation for your personal injury claim. 

For example, Texas negligence laws state that if you’re awarded $100,000 in damages but are determined to be 30% at fault, you are responsible for covering 30%. Therefore, your compensation will be reduced by $30,000, leaving you with $70,000.  

However, if you are found to be 51% or more responsible for the accident, you cannot recover any damages due to the 51% bar rule of Texas.  

How Texas Negligence Laws Can Affect Your Personal Injury Claim 

Not only does Texas follow the 51% rule of modified comparative negligence for personal injury cases, but also for any cases seeking damages recovery under the Deceptive Trade Practices-Consumer Protection Act.  

This allows a Texas car accident victim to receive a personal injury settlement even if they are found to be partially at fault. Simply put, the compensation you receive will be reduced in proportion to the percentage of assigned fault – as long as your portion of the responsibility does not hit or exceed 51%. If you are considered to be 51% (or more) at fault, you are prevented from recovering any compensation for damages.  

To put things into perspective, consider this common, real-world scenario: 

  • You get into a Texas car accident at an intersection 
  • The other driver ran the red light 
  • You were driving a little bit over the speed limit 
  • The court examines all pertinent evidence and decides the driver who ran the red light is the primary at-fault party at 80% responsibility. 
  • Since you were speeding, you are determined to be 20% at fault 
  • If you were awarded $100,000, you are left with $80,000 in compensation 

In another example, a driver of a sedan may be driving cautiously and following all Texas traffic laws. They were hit by a truck driver who was speeding and texting while driving. In this case, the truck driver will likely be found 100% at fault, so this would not be a contributory negligence case. An 18-wheeler accident lawyer will represent your rights in a lawsuit like this.  

The Importance of Hiring a Car Accident Lawyer to Handle Your Personal Injury Claim 

Given how complex a contributory negligence case can be, hiring a skilled car or truck accident attorney is vital to ensure you get the most compensation possible. 

Insurance companies are trained to use sneaky tactics to shift the blame onto the Texas car accident victims to minimize or avoid their payout obligations altogether. A knowledgeable car accident attorney will have many cases like yours under their belt, and they can leverage their skills and extensive experience to maximize your payout. They will have the necessary skills to effectively counter the insurance company’s tactics.  

Building a Strong Texas Car Accident Case with the Help of a Skilled Personal Injury Lawyer 

Think of your chosen personal injury lawyer as your champion, fighting for your rights in court.  

Their mission is to prove the other party has a greater degree of fault under Texas negligence laws. They’ll use thorough investigative strategies to build a compelling case chock full of detailed evidence. Your legal representative will work tirelessly to gather all available evidence, including witness statements, surveillance footage, and expert testimonies. They may even work with a traffic expert to recreate the accident to prove the other party’s fault.  

Angel Reyes & Associates is Ready to Take on Your Contributory Negligence Case 

Don’t let concerns about partial fault and contributory negligence prevent you from pursuing the compensation you deserve as you work toward recovering from your accident. Before you start Googling “traffic accident lawyers near me,” look no further than Angel Reyes & Associates.  

With over 30 years of experience handling auto accident cases in Texas, we have the ability and the passion to help you through any challenge you face. Our team of incredible car accident lawyers will be there for you every step of the way, providing 24/7 support as they fight your contributory negligence battle. Don’t wait, don’t hesitate.  

The compassionate team of attorneys at Angel Reyes & Associates takes pride in helping our valued clients face the challenges of complex insurance issues head-on, especially when contributory negligence comes into play. Allow us to help you by removing the stress from the equation as we handle all communication and negotiation with your insurance company on your behalf.  

Contact us today for a free consultation, or stop by one of our conveniently located Texas offices in Dallas, Fort-Worth, Houston or Austin so we can discuss your case face-to-face.  

Remember, you pay nothing unless we win your case, so there is no harm in scheduling a free consultation. You’re in good hands with Angel Reyes & Associates. 

If you have been injured in a car accident, you need an experienced car accident lawyer specialist to protect your rights against insurance companies dedicated to minimizing your claim and compensation!

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