Yes, in Texas, you’re able to file a personal injury claim even if you were partially at fault for the accident. The other party's insurance company may suggest your role in the incident prevents you from seeking recovery, but that’s incorrect.
Texas law permits you to pursue a claim for your injuries and other losses, even if you carry some responsibility. A Dallas personal injury lawyer can guide you through the process.
How Texas Handles a Shared Fault Accident Claim
Texas uses a legal principle called proportionate responsibility to manage personal injury cases where more than one person is at fault. Another name for this system is modified comparative negligence.
This framework determines your eligibility to recover damages based on your percentage of responsibility for the incident. The core of this system is the 51% rule. As long as you’re 50% or less responsible for the accident, you can seek compensation from the other at-fault party.
However, if your percentage of fault is 51% or more, you’re barred from recovering any damages at all. The assignment of fault becomes a central point of conflict in personal injury claims. Insurance companies often try to shift as much blame as possible onto the injured person to avoid paying.
Your Percentage of Fault
When you’re found partially at fault, the total amount of compensation you receive is reduced by your exact percentage of responsibility. For example, imagine your total damages from a car accident—including medical bills, lost income, and vehicle repairs—add up to $100,000.
A finding that you were 20% at fault reduces your final recovery by that 20%, leaving you with $80,000. This calculation makes every percentage point valuable.
An experienced attorney knows the tactics insurance adjusters use to inflate your fault. They build a case to minimize your assigned percentage and protect your right to a fair settlement.
Who Determines Fault in a Personal Injury Claim?
When someone gets hurt and files a personal injury claim, figuring out who is at fault takes several steps. Different people and groups are involved, and each one plays a part in deciding what happened and who should take the blame.
Usually, the insurance companies are the first to decide. If you’re in a car crash, slip and fall, or get hurt on someone else’s property, the insurer starts its own investigation. A claims adjuster is in charge of the investigation.
They look at police or accident reports, watch any video of the scene, talk to witnesses, check out damage or injuries, and read medical records. The adjuster tries to figure out how the accident happened and how much blame to assign to each party.
But insurance companies aren’t always fair. They want to save money, so their decisions may favor their side.
Your Lawyer’s Role
Since insurance companies don’t always get it right, having a personal injury lawyer on your side is helpful. They do their own research to show who was at fault.
Your attorney collects videos, photos, emails, and records that can help prove your case. They might even bring in professionals, like doctors or crash experts, to explain what happened.
The Final Decision
If the insurance company and your lawyer can’t agree on your percentage of fault, the case might go to court. There, a judge or jury listens to both sides and makes a final decision. They look at all the facts and decide who is more likely to be at fault.
Key Evidence Used To Establish Responsibility
Several types of evidence are used to piece together how an accident happened and who was negligent. The strength of your evidence directly influences the outcome of your claim.
Police reports play a significant role. When officers arrive at the scene, they write a report. This report includes what the area looked like, who was involved, what the weather was like, and what people said happened. It may also show if anyone got a ticket.
These reports aren’t the final word in court, but insurance companies and (sometimes) judges take them seriously.
Both your legal team and the insurance companies look at these other items:
- Evidence from the Scene: Photographs of the accident scene, vehicle damage, and your injuries provide immediate proof of what happened.
- Eyewitness Accounts: Statements from people who saw the accident offer a neutral, third-party perspective that supports your version of events.
- Traffic/Business Video Footage: Surveillance cameras from nearby businesses or traffic cameras can sometimes capture the entire incident, offering irrefutable evidence.
The Role of Negligence
At its heart, determining fault is about proving negligence. To establish that another party was negligent, your personal injury lawyer must show four things:
- Duty: The other person had a legal obligation to act with a certain level of care. For example, all drivers have a duty to follow traffic laws.
- Breach: The person failed to meet that duty. A driver running a red light is a clear breach of their duty to drive safely.
- Causation: This breach of duty directly caused your injuries. If the driver running the red light crashed into your car, then the impact is what hurt you.
- Damages: You suffered actual losses as a result, such as medical expenses, lost wages, and pain.
Proving these four elements is the foundation of any successful personal injury claim. When you’re partially at fault, the other party’s legal team attempts to prove these same elements against you to increase your share of the blame.
Why You Shouldn't Admit Fault After an Accident
After an accident, you may feel confused or shocked. It’s a natural human reaction to say something like, “I'm so sorry,” or “I didn't see you.” Making statements like these, however, gets misinterpreted by insurance adjusters as an admission of fault.
Even if you believe you might have contributed to the accident, avoid discussing fault with the other driver or their insurance company. State only the facts when you speak to law enforcement. Admitting fault without a full investigation harms your ability to file a claim later on.
Insurance adjusters are trained to use your words against you to minimize their company’s payout. Let the evidence speak for itself, and have your attorney handle communications with the insurance company for you.
How a Lawyer Helps With a Partial Fault Claim
A lawyer's involvement becomes even more pronounced when you're being blamed for part of the accident. They protect your rights and build a strong case to challenge the insurance company’s narrative. An attorney works to see that your percentage of fault is assessed fairly and accurately.
Conducting an Investigation
A lawyer launches an independent investigation into your accident. Your legal team gathers all available evidence, such as traffic camera footage, witness statements, and photos from the scene, to build a comprehensive picture of what really happened.
A proactive investigation often uncovers facts the insurance company may have overlooked or ignored. By creating a detailed timeline of events, your attorney can more effectively argue against unfair allegations of fault.
Working With Accident Reconstructionists
In complex cases, an attorney may hire an accident reconstruction professional. These professionals analyze the crash dynamics using physics, engineering, and other sciences.
They create detailed diagrams and simulations to show how the accident occurred and demonstrate the other party’s level of responsibility. This type of professional testimony is very persuasive in negotiations or court.
It provides a scientific basis for fault assessment, moving the argument beyond opinions. A reconstructionist explains how factors like speed, reaction time, and vehicle positioning contributed to the collision.
Negotiating With the Insurance Company
Insurance adjusters have a primary goal: to protect their company’s bottom line. The pursuit of this goal often means trying to shift as much blame as possible onto you to reduce or deny your claim. A lawyer levels the playing field by handling all negotiations on your behalf.
Attorneys are skilled negotiators who understand adjusters' tactics. They present the evidence from their investigation to counter the insurer's arguments and fight for a fair settlement. Having a lawyer manage these conversations prevents you from making statements that hurt your claim later.
FAQ for Filing a Claim if You Were Partially at Fault
How Does a Jury Decide the Percentage of Fault in a Texas Case?
A jury determines the percentage of fault by examining all the evidence presented by both sides at trial. The evidence includes witness testimony, police reports, professional analysis, and any photos or videos of the incident.
The jurors are asked to assign a whole-number percentage of responsibility to each party involved, totaling 100%.
What Happens if Both Drivers Blame Each Other?
It’s very common for drivers to blame each other after an accident. When this happens, the focus shifts entirely to the evidence. Investigators and attorneys for each side work to gather proof that supports their client's version of events and proves the other driver’s negligence. If the parties cannot agree, the jury decides fault.
Can I File a Claim if the Police Report Says I Was Completely at Fault?
Yes, you can file a claim even when a police report places you entirely at fault. The report reflects the officer’s opinion based on the limited information available at the scene, and it’s not a final legal decision on liability. New evidence often tells a different story.
A thorough investigation may uncover facts that were unavailable to the officer. For example, surveillance footage may surface, or a previously unknown witness may come forward.
A detailed analysis of the vehicle damage can also contradict the report’s conclusion and show that the other party was actually responsible.
What Kinds of Damages Can I Recover in a Shared Fault Claim?
In a shared fault claim in Texas, you recover the same types of damages as in any other personal injury case, though your percentage of fault reduces the total. These damages fall into two main categories: economic damages and non-economic damages.
Economic damages are your direct financial losses, such as medical bills, lost income, and property damage. Non-economic damages cover non-financial losses, like pain and suffering.
How Long Do I Have To File a Lawsuit for an Accident in Texas?
In Texas, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. If you don’t file your lawsuit within this two-year window, you lose your right to seek compensation forever, regardless of how strong your case is.
There are some exceptions to this rule, so it’s best to speak with a lawyer well before this deadline approaches.
What if the Other Driver Was Texting but I Was Speeding?
When both drivers have violated traffic laws, fault is determined by figuring out how much each person’s actions contributed to the crash. A jury or insurance company would weigh the severity of each action.
For instance, they might find that the other driver’s distraction from texting was the primary cause of the accident, making them 70% at fault, while your speeding contributed 30%.
In this situation, you could still recover 70% of your total damages. The key is to prove the other driver’s actions were more significant in causing the collision.
Take Control of Your Claim
The insurance company may use your partial fault to try to leave you with nothing. Don’t let them decide what your case is worth. You have the right to challenge their assessment and fight for the fair recovery you need to move forward.
At DFW Injury Lawyers, we know how to build a case that minimizes your blame and maximizes your results. Let us handle the fight so you can focus on your recovery. Call today at (972) 440-2320 for a free and confidential consultation to get the answers and the help you need today.