How Shared Fault Affects Your Right to Compensation After a Texas Car Accident

Car accidents aren’t always clear-cut. Many crashes happen in seconds, and more than one driver may have contributed to what went wrong. If you’re worried that you were partly at fault, you’re not alone—and in Texas, that doesn’t automatically mean you lose your right to compensation.

Texas follows a legal rule called comparative negligence, which determines how fault is divided and how much compensation an injured person may recover.

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What Is Comparative Negligence in Texas?

Texas uses a modified comparative negligence system, also known as proportionate responsibility. Under this rule, an injured person may recover damages as long as they are not more than 50% responsible for the accident.
In simple terms:

  • 50% or less at fault → You may still recover compensation
  • 51% or more at fault → You are barred from recovering damages
This rule applies to most Texas car accident and personal injury cases.
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How Fault Percentages Impact Your Settlement


When comparative negligence applies, your total compensation is reduced by your percentage of fault.


Example:


If your damages total $100,000 and you’re found 25% at fault, your recovery would be reduced by $25,000—leaving you with $75,000.


However, if you’re found 51% at fault, you recover nothing, even if the other driver also acted negligently.

Who Decides Fault in a Texas Accident Case?


Fault may be determined by:


  • A jury or judge at trial
  • Insurance adjusters during settlement negotiations
  • Texas law allows fault to be assigned to:
  • The injured person
  • One or more defendants
  • Responsible third parties who contributed to the crash


This makes fault allocation one of the most contested parts of any car accident claim.

Why Insurance Companies Push Partial Blame


Insurance companies often try to increase your share of fault because:


  • Every percentage point lowers what they must pay
  • Reaching 51% fault eliminates their liability altogether
  • Common arguments include claims that you were:
  • Speeding or following too closely
  • Distracted or not paying attention
  • Slow to react or failed to avoid the collision


Even small fault allegations can significantly impact your case.

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What Texas Courts Require to Assign Fault


To assign fault, Texas courts require proof that a party’s actions were a proximate cause of the accident. This includes:


  • Cause in fact (the action contributed to the crash)
  • Foreseeability (the harm was a foreseeable result of the conduct)
  • This ensures fault is based on evidence—not assumptions.


Why Comparative Negligence Is a Fairer System


Texas previously followed a strict contributory negligence rule, which barred recovery for anyone even slightly at fault. Comparative negligence replaced that system to allow for:


  • Fairer outcomes in shared-fault accidents
  • Proportional responsibility
  • More realistic treatment of complex collisions


This approach reflects how accidents actually happen in the real world.

What to Do If Fault Is Being Disputed


If fault may be contested, it’s important to:


  • Document the accident scene and vehicle damage
  • Gather witness statements
  • Be cautious when speaking with insurance adjusters
  • Understand how fault percentages affect your claim


Early steps can make a significant difference in how responsibility is ultimately assigned.


Key Takeaway


Being partly at fault for a car accident in Texas does not automatically prevent you from recovering compensation. As long as your responsibility does not exceed 50%, Texas law allows you to pursue damages—though the amount may be reduced.


Understanding how comparative negligence works can help you protect your rights and avoid costly mistakes.


Unsure how fault could affect your car accident claim? Our firm helps Texans understand their rights after an accident even when liability isn’t clear. Contact Wyde & Associates today to learn how comparative negligence may impact your case.


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