Texas Comparative Fault Rules: What Happens If You're Partly at Fault?
Can you still recover damages if you were partially responsible for your accident? Yes—but Texas has strict rules you need to understand.
What if you were partly at fault for your accident? Maybe you were speeding a little. Maybe you weren't paying full attention. Maybe you made a mistake.
Here's the good news: In Texas, you can still recover damages even if you share some blame—as long as you're not more than 50% at fault.
Here's the catch: Your compensation will be reduced by your percentage of fault.
This is called "comparative fault," and understanding how it works is crucial to your personal injury case.
Texas Modified Comparative Fault: The 51% Rule
Texas follows a "modified comparative fault" system with a 51% bar. Here's how it works:
You can recover damages if you're 50% or less at fault.
You cannot recover anything if you're 51% or more at fault.
And your recovery is reduced by your percentage of fault.
Example 1: You're 20% at Fault
You're in a car accident. The other driver ran a red light, but you were going 10 mph over the speed limit. The jury finds you 20% at fault.
Your damages: $100,000
Your fault: 20%
Your recovery: $100,000 - 20% = $80,000
Example 2: You're 50% at Fault
A pedestrian is hit while jaywalking, but the driver was also texting. The jury finds the pedestrian 50% at fault.
Damages: $200,000
Fault: 50%
Recovery: $200,000 - 50% = $100,000
The pedestrian still recovers $100,000.
Example 3: You're 51% at Fault
Same scenario, but the jury finds the pedestrian 51% at fault.
Damages: $200,000
Fault: 51%
Recovery: $0
One percentage point makes the difference between $100,000 and nothing.
How Fault Is Determined
Fault in Texas is determined by a jury (or judge in a bench trial) based on the evidence. They consider:
Traffic Laws
Who violated traffic laws? Running red lights, speeding, failure to yield, and other violations are strong evidence of fault.
Witness Testimony
What did witnesses see? Their accounts help establish what each party did.
Physical Evidence
Skid marks, vehicle damage patterns, and accident reconstruction can show what happened.
Police Reports
While not conclusive, police reports often include the officer's opinion about fault.
Expert Testimony
Accident reconstructionists, engineers, and other experts may testify about how the accident happened.
Common Fault Scenarios
Rear-End Collisions
The rear driver is almost always found at fault—they should have maintained a safe following distance. But if the front driver suddenly cut you off, they might share blame.
Intersection Accidents
Who had the right of way? Did anyone run a light? Were both drivers distracted? Intersection accidents often involve shared fault.
Pedestrian Accidents
Pedestrians aren't automatically blameless. Jaywalking, darting into traffic, or crossing against signals can assign fault to the pedestrian.
Motorcycle Accidents
Motorcyclists are often blamed unfairly. Lane splitting isn't allowed in Texas, but simply riding a motorcycle isn't evidence of fault.
Multi-Vehicle Accidents
With three or more vehicles, fault can be split multiple ways. Each party's fault is calculated separately.
How Insurance Companies Use Comparative Fault Against You
Insurance companies love comparative fault because it gives them leverage to reduce settlements. Here's how they use it:
Inflating Your Fault
Adjusters will look for any reason to assign you more blame. Were you on your phone? Did you admit to speeding? Did you fail to wear a seatbelt?
They'll push your fault percentage as high as possible to reduce what they owe.
"Failure to Mitigate" Claims
Did you delay medical treatment? Skip physical therapy? Insurers argue you're partly at fault for making your injuries worse.
Pre-Existing Conditions
If you had a prior injury, insurers claim the accident didn't cause your current problems—shifting blame to you.
Social Media "Evidence"
That photo of you hiking two weeks after the accident? They'll use it to argue you're not really hurt—and therefore partly at fault for exaggerating claims.
How to Protect Yourself
Don't Admit Fault
Never say "I'm sorry" or admit any blame at the accident scene, to police, or to insurance companies. Let the investigation determine fault.
Get Everything in Writing
Document everything. Photos, witness contact info, police reports. The more evidence you have, the harder it is for insurers to inflate your fault.
Hire an Experienced Lawyer
An experienced attorney knows how to:
- Counter insurance company tactics
- Present evidence that minimizes your fault
- Argue effectively to juries about comparative fault
- Negotiate settlements that account for disputed fault
Don't Give Recorded Statements
Insurance adjusters will ask for recorded statements to get you on record saying things they can use against you. Politely decline until you've talked to a lawyer.
The Importance of the 51% Threshold
Because of Texas's 51% bar, fault disputes are often battles over single percentage points. The difference between 50% and 51% is the difference between some compensation and nothing.
This is why having an experienced attorney matters. They know how to:
- Present evidence that maximizes the other party's fault
- Counter arguments that inflate your fault
- Negotiate from a position of strength
- Go to trial if the insurance company won't budge
Get a Free Case Evaluation
If you've been injured and think you might share some fault, don't assume you can't recover. Texas law allows you to get compensation even if you're partly to blame—as long as you're 50% or less at fault.
Contact us for a free consultation. We'll evaluate your case, explain how comparative fault might affect your recovery, and fight to minimize any fault assigned to you.
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