When you’re in a car accident, one of the first questions folks ask is, “Whose fault was it?” In Texas, the answer to that question isn’t always black and white. Sometimes, more than one person shares responsibility. This is called comparative fault, and it plays a big role in how much you can recover if you’re hurt in an accident. Let’s break it down in simple terms so you know what to expect.
What Is Comparative Fault?
Comparative fault means that responsibility for the accident is divided among the people involved based on how much each person contributed to the crash. In Texas, we follow something called the modified comparative fault rule, or the 51% rule.
Here’s how it works:
- If you’re 50% or less at fault, you can still recover money for your injuries, but your settlement will be reduced by the percentage of your fault.
- If you’re 51% or more at fault, you can’t recover anything.
Example of Comparative Fault in Action
Let’s say you’re driving through an intersection, and another driver runs a red light and hits you. The other driver is mostly at fault, but the insurance company argues that you were going 10 miles over the speed limit. They decide you’re 20% at fault.
If your total damages (medical bills, lost wages, pain, and suffering) are $10,000, the amount you can recover would be reduced by 20%. Instead of receiving $10,000, you’d get $8,000.
How Fault Is Determined
Insurance adjusters, lawyers, and sometimes courts determine fault based on:
- Police reports
- Witness statements
- Photos and videos of the accident
- Traffic laws
What If You Don’t Agree With the Fault Percentage?
It’s not uncommon to feel like the fault assigned to you is unfair. If this happens, you can:
- Gather more evidence. This could include dashcam footage, additional witness statements, or expert opinions.
- Consult an attorney. A personal injury lawyer can help argue your case and negotiate with the insurance company.
Why Comparative Fault Matters
Understanding comparative fault is important because it directly affects how much money you can recover. Even if you think you might be partially to blame, it’s still worth pursuing a claim if you’re under the 51% threshold.
Tips to Protect Yourself After an Accident
- Don’t admit fault. Even saying something like, “I didn’t see you” can be used against you.
- Gather evidence at the scene. Take pictures, get contact info from witnesses, and make notes about what happened.
- Contact an attorney. They can help you navigate the process and ensure you’re treated fairly.
Wrapping It Up
In Texas, the law recognizes that accidents aren’t always 100% one person’s fault. The modified comparative fault rule allows you to recover compensation even if you’re partially to blame, as long as you’re not mostly at fault.
If you’ve been in an accident and aren’t sure what your next steps should be, reach out to a trusted attorney who can help. Every case is different, and having someone in your corner makes all the difference.
Remember: You deserve fair treatment, and the right advice can keep you on the road to recovery.
