Understanding Partial Fault in Texas Personal Injury Cases

Can You Recover Compensation If You Were Partially at Fault for an Accident in Texas?

Yes—depending on how much responsibility is attributed to you.

Accidents are not always completely one-sided. Two drivers may each have made a mistake. A property owner may have created a dangerous condition while arguing that the injured person should have noticed it. After a serious collision, an insurance company may accept some responsibility while claiming the injured person also contributed to what happened.

Texas law has a system for dealing with these situations called proportionate responsibility, sometimes informally described as modified comparative fault.

For many Texas personal injury cases, being partially responsible does not automatically prevent you from recovering compensation.

The 51% Rule in Texas

Under Texas Civil Practice and Remedies Code § 33.001, a claimant generally cannot recover damages if the claimant's percentage of responsibility is greater than 50%.

That creates an important dividing line:

• 0% at fault: the claimant's damages are not reduced for the claimant's own responsibility.

• 20% at fault: the claimant may still recover, but the recovery is reduced by 20%.

• 50% at fault: the claimant may still recover, but the recovery is reduced by 50%.

• 51% at fault: the claimant is barred from recovering damages under the proportionate-responsibility rule.

If the claimant is not barred, Texas law generally requires the damages to be reduced by the claimant's percentage of responsibility.

An Example

Imagine a jury determines that an injured person sustained $100,000 in damages.

The jury finds:

• Defendant: 80% responsible

• Injured person: 20% responsible

The claimant's recovery would generally be reduced by the 20% assigned to the claimant, resulting in an $80,000 recovery before considering any other legally required adjustments.

Now imagine the jury instead assigns the claimant 51% of the responsibility. Because that is greater than 50%, the claimant would generally be unable to recover damages under Chapter 33.

Why Allegations of Fault Matter Before Trial

You do not have to reach a courtroom before this becomes important.

Insurance companies evaluate fault when deciding whether to pay a claim and how much to offer. A carrier may argue that an injured person was partially responsible in an effort to reduce the value of the claim—or deny it altogether.

For example, after a car or truck crash, an insurer might argue that the injured driver:

• Was speeding

• Changed lanes improperly

• Was distracted

• Failed to brake quickly enough

• Failed to maintain a proper lookout

• Contributed to the collision in some other way

That does not mean the insurance company's percentage is correct.

Fault ultimately depends on the evidence.

Evidence Can Be Critical When Fault Is Disputed

When both sides blame each other, small details can become important.

Relevant evidence may include:

• Police reports

• Photographs of the scene

• Vehicle damage

• Dash-camera video

• Surveillance video

• Witness statements

• Event data recorder information

• Cell-phone records when appropriate

• Commercial truck electronic data

• Measurements or photographs from the roadway

• Expert accident reconstruction in appropriate cases

This is one reason it can be important to investigate a serious accident early. Evidence can disappear, memories can fade, and vehicles may be repaired or destroyed.

Do Not Assume You Have No Case Because You May Have Made a Mistake

People sometimes hesitate to contact an attorney because they believe they may have been partly responsible for what happened.

That conclusion may be premature.

The question is not simply whether you could have done something differently. The legal issue is how responsibility should be allocated among everyone whose conduct contributed to the injury.

In Texas, a person can sometimes recover substantial damages even when some responsibility is assigned to them.

Talk With a Texas Personal Injury Attorney About Disputed Fault

If an insurance company is blaming you for an accident—or if you are simply unsure who was responsible—it may be worth having the evidence reviewed before accepting the insurer's version of events.

Lyman Law represents injured people in Houston and throughout the surrounding area in car accidents, truck crashes, premises-liability cases, and other personal injury matters.