What Happens if You Are Partially at Fault in a Texas Car Accident

Texas Uses a Modified Comparative Fault System

Texas does not follow an all-or-nothing approach to fault in car accident cases. Instead, Texas uses a modified comparative fault system under Texas Civil Practice and Remedies Code Chapter 33. This system recognizes that more than one party can share responsibility for an accident. Your recovery is adjusted based on your percentage of fault.

The key threshold in Texas is 51 percent. If you are found to be 51 percent or more at fault for the accident, you are barred from recovering any compensation. If your fault is 50 percent or less, you can still recover, but your award is reduced by your percentage of responsibility.

For example, if a jury finds that your total damages are $200,000 and you were 20 percent at fault, your recovery is reduced to $160,000. If you were 50 percent at fault, your recovery is reduced to $100,000. But if you were 51 percent at fault, you recover nothing.

How Fault Is Determined in Texas

Fault in a Texas car accident is not determined by a single factor. It involves an analysis of all the evidence, including police reports, witness statements, physical evidence from the scene, vehicle damage patterns, traffic camera footage, and expert testimony.

Texas courts consider whether each driver violated any traffic laws, whether either driver was distracted, whether speed was a factor, whether either driver failed to yield or ran a traffic signal, and whether road conditions or vehicle defects contributed to the accident.

In a jury trial, the jury answers specific questions about each party's percentage of responsibility. These questions are submitted on what Texas law calls the "charge," which is the set of instructions and questions the judge gives to the jury. Under Chapter 33, the jury assigns a percentage of responsibility to each person involved, and those percentages must total 100 percent.

The Insurance Company Will Try to Shift Blame to You

If you have been injured in a car accident, expect the at-fault driver's insurance company to argue that you share some or all of the blame. This is one of the most common tactics insurers use to reduce what they pay.

The insurance adjuster may claim that you were speeding, following too closely, distracted by your phone, or failed to take evasive action. They may even argue that you were partially at fault for not wearing a seatbelt, although Texas law limits how the seatbelt defense can be used. Under Texas Transportation Code Section 545.413, evidence of seatbelt non-use is admissible to reduce damages but cannot be used to establish contributory negligence.

The insurance company does not get to make the final determination of fault. That decision belongs to the jury, or to a judge in a bench trial. But the insurance company's fault allocation directly affects what they offer during settlement negotiations. If they believe they can convince a jury that you were significantly at fault, they will offer far less money.

Examples of Shared Fault in Texas Car Accidents

Intersection collisions. Driver A runs a red light and collides with Driver B. However, Driver B was exceeding the speed limit by 15 miles per hour. A jury could find Driver A 80 percent at fault for running the red light and Driver B 20 percent at fault for speeding, which made the impact more severe and reduced Driver B's ability to avoid the collision.

Rear-end collisions. The following driver is generally presumed to be at fault in a rear-end collision. But if the lead driver's brake lights were not functioning, a jury could assign some percentage of fault to the lead driver for failing to maintain their vehicle under Texas Transportation Code Section 547.322.

Lane-change accidents. Driver A changes lanes without signaling and collides with Driver B. But if Driver B was driving in the other driver's blind spot at a speed significantly above the posted limit, a jury could find shared responsibility.

How Comparative Fault Affects Settlement Negotiations

The comparative fault system affects every stage of a Texas personal injury case, from the initial insurance investigation through trial. During settlement negotiations, the insurance company will use any evidence of your fault to justify a lower offer.

An experienced plaintiff's attorney understands how to counter these arguments. This includes gathering evidence that minimizes your percentage of fault, presenting expert testimony to explain the accident dynamics, and framing the evidence in a way that keeps the focus on the at-fault driver's negligence.

Even if you believe you may have been partially at fault, you should not assume your case has no value. A 20 percent fault allocation still allows you to recover 80 percent of your damages. In a case worth $500,000, that is a $400,000 recovery. Only an attorney who understands the comparative fault system can accurately evaluate how your fault percentage affects your claim.

Comparative Fault and Multiple Defendants

Texas car accidents sometimes involve more than two parties. In multi-vehicle accidents, the jury assigns a percentage of fault to each responsible party. Under Chapter 33, your recovery is determined by the combined fault of others, minus your own percentage.

If three drivers are involved and the jury finds you 10 percent at fault, Driver B 60 percent at fault, and Driver C 30 percent at fault, you can recover 90 percent of your damages. Each defendant is responsible for their share, subject to Texas joint and several liability rules.

Under Chapter 33, a defendant who is found to be more than 50 percent responsible is jointly and severally liable for the entire amount of damages. A defendant who is 50 percent or less responsible is only severally liable, meaning they only owe their proportionate share.

Talk to a Texas Personal Injury Attorney About Your Case

If you have been in a car accident and the insurance company is claiming you were partially at fault, do not take their word for it. Their goal is to reduce what they pay you, not to determine the truth.

Contact Medina and Medina at (512) 883-0012 for a free case evaluation. We will investigate the accident, gather the evidence, and fight to minimize your fault percentage so you can recover the maximum compensation available under Texas law. You pay nothing unless we win.