What is Comparative Fault?
Comparative fault (also called comparative negligence) is a legal principle used to assign responsibility when multiple parties contribute to an accident. In Texas, this determines how much compensation you can receive.
Texas Modified Comparative Fault Rule
Texas follows a "51% rule" for comparative fault. This means:
- If you are 50% or less at fault, you can recover damages
- Your compensation is reduced by your percentage of fault
- If you are 51% or more at fault, you cannot recover any damages
How It Works in Practice
Example: You're in a car accident with $100,000 in damages. The jury finds you 20% at fault for following too closely, and the other driver 80% at fault for running a red light.
Your recovery: $100,000 - 20% = $80,000
Common Scenarios
Shared Fault Situations:
- A speeding driver hits someone who failed to signal a lane change
- A pedestrian jaywalks but is hit by a distracted driver
- A motorcycle rider without proper lighting is rear-ended
Protecting Your Claim
To maximize your recovery:
1. Don't admit fault at the scene or to insurance companies
2. Gather evidence that supports your version of events
3. Get witness statements when possible
4. Hire an experienced attorney who can argue against unfair fault allocation
Insurance Company Tactics
Insurance companies often try to inflate your percentage of fault to reduce their payout. They may:
- Twist your statements against you
- Ignore evidence that supports your case
- Make quick settlement offers before full damages are known
The Importance of Legal Representation
An experienced personal injury attorney can:
- Investigate the accident thoroughly
- Counter insurance company arguments
- Present evidence to minimize your fault percentage
- Negotiate for maximum compensation