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Key Takeaways
- Texas follows a modified comparative negligence rule, meaning accident fault can be shared between drivers instead of blaming just one party.
- You can recover compensation only if you are 50% or less at fault; if you’re found 51% or more responsible, Texas law bars you from any recovery.
- Your total settlement is reduced by your percentage of fault, not eliminated—making accurate fault determination critical in car accident claims.
- Insurance companies often use comparative negligence to reduce payouts, twisting statements, and highlighting minor mistakes to increase your fault percentage.
- Strong evidence, like police reports, witness statements, photos, and expert analysis, plays a major role in proving fault and protecting your compensation.
- Hiring an experienced Texas car accident attorney early can significantly reduce your assigned fault and help maximize the compensation you’re legally entitled to.
When you’re involved in a car accident in Texas, determining who’s at fault isn’t always straightforward. In many crashes, both drivers share some responsibility for what happened. This is where Texas’s comparative negligence law comes into play, and understanding how it works could make a significant difference in your settlement.
If you’ve been injured in a car accident and need legal guidance, Francis Injury is here to help. Our experienced Fort Worth car accident attorneys have helped countless clients navigate complex fault determinations and recover maximum compensation. Call (817) 329-9001 for a free consultation today.
What Is Comparative Negligence?
Comparative negligence, also known as proportionate responsibility, is a legal doctrine that allows courts to assign fault among multiple parties involved in an accident. Rather than placing 100% of the blame on one driver, Texas law recognizes that accidents often result from the combined actions of both drivers.
Under this system, your compensation can be reduced based on your percentage of fault. However, Texas uses what’s called “modified comparative negligence,” which means there’s a critical threshold you need to understand.
How Texas’s Modified Comparative Negligence Rule Works
Texas follows a 51% bar rule for comparative negligence. Here’s what that means:
- If you are 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.
- If you are 51% or more at fault, you cannot recover any compensation at all.
Real-World Example
Let’s say you were injured in a car accident and your total damages amount to $100,000. The investigation reveals that you were texting at the time of the crash, making you 20% responsible. The other driver ran a red light, making them 80% responsible.
Under Texas law, you would recover $80,000 ($100,000 minus 20%). However, if you were found to be 60% at fault, you would recover nothing because you exceeded the 51% threshold.
This is why having an experienced Fort Worth car accident lawyer is crucial — they can build a strong case to minimize your assigned fault and maximize your recovery.
Common Scenarios Where Comparative Negligence Applies
Rear-End Collisions
Most people assume the rear driver is always at fault in a rear-end crash. While this is often true, there are exceptions. If the lead driver suddenly slammed on their brakes without cause or had broken brake lights, they might share some responsibility.
Left-Turn Accidents
When a driver making a left turn is hit by oncoming traffic, fault usually falls on the turning driver. However, if the other driver was speeding excessively or ran a red light, comparative negligence could come into play.
Lane Change Accidents
Determining fault in a lane change accident can be complex. If one driver changed lanes without signaling, but the other was driving aggressively or in a blind spot, both parties might share responsibility.
Multi-Vehicle Pileups
In crashes involving three or more vehicles, fault often gets distributed among multiple drivers based on their individual actions leading up to the collision.
If you’ve been involved in any of these types of accidents, consulting with a Dallas car accident lawyer can help you understand how comparative negligence might affect your case.
How Insurance Companies Use Comparative Negligence Against You
Insurance adjusters are trained to minimize payouts, and comparative negligence gives them a powerful tool to do just that. Here’s how they might try to use it against you:
Twisting Your Words
Anything you say to an insurance adjuster can be used to increase your fault percentage. Even innocent statements like “I didn’t see them” or “I was running late” can be twisted to suggest negligence on your part.
Questioning Your Actions
Insurance companies will scrutinize every detail of your behavior before and during the accident. Were you using your phone? Eating? Adjusting the radio? They’ll use any distraction to argue you share fault.
Downplaying the Other Driver’s Negligence
Adjusters may try to minimize clear violations by the at-fault driver while emphasizing minor mistakes you may have made.
This is exactly why you should never give a recorded statement to an insurance company without first speaking to an attorney. The legal team at Francis Injury knows how to protect your rights and counter these tactics effectively.
Proving Fault in a Texas Car Accident Case
Establishing fault requires solid evidence. Here’s what matters most:
Police Reports
The responding officer’s accident report often includes their determination of fault based on witness statements, physical evidence, and traffic violations.
Witness Testimony
Neutral third-party witnesses can provide crucial accounts of what they saw before, during, and after the crash.
Photos and Video
Dashcam footage, surveillance video, and photos of vehicle damage, skid marks, and road conditions can all help establish fault.
Expert Reconstruction
In complex cases, accident reconstruction experts can analyze the evidence and provide professional opinions about how the crash occurred and who was responsible.
Traffic Citations
If the other driver received a citation for speeding, running a red light, or another violation, this can serve as strong evidence of their negligence.
An experienced Fort Worth truck accident lawyer or car accident attorney will know exactly what evidence to gather and how to use it to build the strongest possible case.
What Damages Can Be Reduced by Comparative Negligence?
When comparative negligence applies, it affects all categories of damages you might be entitled to recover:
Economic Damages
- Medical bills (past and future)
- Lost wages and lost earning capacity
- Property damage
- Rehabilitation costs
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
If you’re found partially at fault, your compensation for all of these damages will be reduced proportionally.
Steps to Protect Yourself After an Accident
If you want to minimize your assigned fault and maximize your recovery, follow these critical steps:
- Seek immediate medical attention — This creates documentation of your injuries and shows you took them seriously.
- Don’t admit fault at the scene — Even saying “I’m sorry” can be interpreted as an admission of responsibility.
- Document everything — Take photos, get witness contact information, and preserve all evidence.
- Avoid giving recorded statements — Politely decline to provide detailed statements to insurance companies without legal representation.
- Contact an attorney immediately. The sooner you have legal counsel, the better protected you’ll be.
If you’ve been injured in an accident involving a commercial vehicle or motorcycle, these steps become even more critical due to the complexity of these cases.
How Francis Injury Can Help You
At Francis Injury, we understand how devastating a car accident can be — especially when insurance companies try to unfairly shift blame onto you. Our legal team has extensive experience handling comparative negligence cases throughout Texas.
What We Do for Our Clients
- Thorough Investigation: We gather all available evidence to build the strongest case possible.
- Expert Testimony: We work with accident reconstruction specialists and medical experts when needed.
- Aggressive Negotiation: We fight back against insurance company tactics designed to minimize your recovery.
- Trial Preparation: If a fair settlement can’t be reached, we’re fully prepared to take your case to court.
Our firm serves clients throughout Fort Worth, Dallas, and all surrounding Texas communities. Whether you need a Fort Worth personal injury lawyer or representation anywhere else in the state, we’re here to help.
Frequently Asked Questions
+Can I still recover compensation if I was partially at fault?
+How is fault percentage determined?
+What if the insurance company says I’m more than 50% at fault?
+How long do I have to file a claim in Texas?
+Do I need a lawyer if I think I might be partially at fault?
Take Action Today
Comparative negligence can significantly impact your car accident settlement, but you don’t have to navigate these complex legal waters alone. The experienced attorneys at Francis Injury are ready to fight for the compensation you deserve.
Don’t let insurance companies take advantage of you. Contact Francis Injury today at (817) 329-9001 for a free, no-obligation consultation. We’ll review your case, explain your legal options, and help you understand exactly how comparative negligence might affect your claim.
Remember, the sooner you contact us, the better we can protect your rights and preserve critical evidence. Call now and let us start fighting for you.
