Yes, you may still be able to recover compensation even if you played a role in causing your own accident. Texas law does not require you to be completely blameless to pursue a claim. As long as your share of responsibility for the accident does not exceed 50%, you retain the right to seek damages, though the amount you recover will be reduced based on your percentage of fault. This principle protects injured people from being left with nothing simply because an accident involved more than one contributing factor.
At Byrd Davis Alden & Henrichson, LLP, we understand how quickly insurance companies try to shift blame onto the injured party in car accident cases and other personal injury claims. Austin’s oldest personal injury law firm, established in 1959, our team of board-certified attorneys has spent over 65 years building strategies that protect clients’ recoveries, including in cases where fault is disputed.
How Texas Defines Partial Fault
Texas operates under what is known as modified comparative fault, which the state officially calls proportionate responsibility. Under Chapter 33 of the Texas Civil Practice and Remedies Code, fault is assigned to each party involved as a percentage. Your final compensation is then reduced by whatever percentage of fault is assigned to you.
The 51% Rule: The Number That Matters Most
This threshold is the most important number in any partially-at-fault case. If a judge or jury determines you were 51% or more responsible for the accident, you are barred from recovering any damages at all. If your share is 50% or below, your compensation is reduced proportionally, but you can still recover.
For example, if your total damages amount to $100,000 and you are found 20% at fault, you would receive $80,000. That reduction can add up significantly, which is exactly why it matters how fault is framed from the very beginning of your claim.
How Insurance Companies Use Fault Against You
Insurance adjusters are trained to look for any reason to increase your share of blame. Even a passing comment you make at the scene of an accident or during a recorded statement can be used to argue you contributed more to the crash than you actually did. This is a calculated tactic, and it is one worth taking seriously.
Proving negligence in a personal injury case requires collecting evidence quickly, including traffic camera footage, witness statements, and accident reconstruction reports. The stronger your evidence, the harder it becomes for the other side to push your fault percentage higher. If an insurer is acting in bad faith by deliberately misrepresenting the facts to deny your claim, you may also have grounds for a bad faith insurance claim in Texas.
What Factors Influence How Fault Is Assigned
Several variables shape how fault percentages are determined in a Texas personal injury case. Understanding them helps you see where a legal strategy may make the most difference.
Factors That Affect Your Fault Percentage
The following are among the most common elements a jury or insurer will consider when assigning proportionate responsibility:
- Speed at the time of impact: Whether either party was exceeding the posted limit or driving too fast for conditions
- Distracted driving: Phone use, eating, or other inattention that may have contributed to the collision
- Failure to yield: Whether either driver ignored a traffic signal, stop sign, or right-of-way rule
- Road or weather conditions: Shared awareness of a hazardous environment and how each driver responded to it
- Pre-impact behavior: Lane changes, braking patterns, and other actions taken in the moments before the crash
Each factor is weighed based on the totality of evidence, not assumptions. A thorough investigation can reveal details that shift fault percentages in your favor, and those shifts can directly increase the compensation you take home.
Why Representation Matters in Partial-Fault Cases
Cases involving shared fault are among the most contested in personal injury law. The other side has a direct financial incentive to argue your percentage is as high as possible. You need someone equally committed to arguing it is as low as the evidence supports. Our case results reflect decades of doing exactly that, including high-profile aviation cases and a groundbreaking unguarded boat propeller verdict.
What you know about Texas comparative negligence laws can protect you, but how you present that knowledge in a claim or courtroom is what determines your outcome. Byrd Davis Alden & Henrichson, LLP has the trial experience and courtroom credibility that make a measurable difference when fault is disputed.
Byrd Davis Alden & Henrichson, LLP Is Ready to Fight for Your Recovery
Being partially at fault does not disqualify you from seeking justice. What it does mean is you need representation from attorneys who know how to build a case that minimizes your assigned fault and maximizes your compensation. Kevin Henrichson, Robert Alden, Hunter Wallen, and Carson May have earned recognition in Super Lawyers, Best Lawyers, Best Law Firms, and the Bar Register of Preeminent Lawyers by delivering results when the facts are complicated and the stakes are high.
With a 98% success rate and over $100 million recovered for clients across Texas, our firm does not rely on advertising to bring in cases. Our reputation speaks for itself. If you were hurt in an accident and someone is trying to use your partial fault against you, contact us today through our contact form to discuss your options with our legal team.
