After an accident in Texas, you may assume the person who caused the crash is entirely responsible for your injuries. But what happens if the other side claims you were partly at fault?
Texas follows a system of proportionate responsibility, commonly called comparative negligence. Under this system, your own percentage of responsibility can affect how much compensation you may recover.
Understanding how comparative negligence works can be especially important when an insurance company argues that you contributed to an accident.
What Is Comparative Negligence?
Comparative negligence recognizes that more than one person can contribute to an accident.
For example, imagine another driver runs a red light and hits your vehicle. The other driver’s actions may be the primary cause of the crash. However, the insurance company might argue that you were also partially responsible because you were speeding.
If a court determines that both drivers contributed to the accident, it can assign each person a percentage of responsibility. Texas Civil Practice and Remedies Code Chapter 33 requires the factfinder to determine each person’s percentage of responsibility for causing or contributing to the harm. This can include the claimant, defendants, settling parties, and certain responsible third parties.
How Does Your Percentage of Fault Affect Compensation?
Texas generally uses a modified comparative responsibility rule, so your percentage of fault can affect your compensation.
If you are 51% or more responsible for the harm, you generally cannot recover damages under the comparative responsibility statute. If you are 50% or less responsible, your damages are generally reduced according to your percentage of responsibility.
For example:
- Someone might suffer $100,000 in damages after a car accident.
- A jury determines that they were 20% responsible, while another driver was 80% responsible.
- Their $100,000 in damages could be reduced by their 20% share of responsibility.
- The result is a potential recovery of $80,000.
Now imagine the jury determines that they were 55% responsible. Under Texas’s modified comparative responsibility rule, they generally would not be entitled to recover damages from the other party. The difference between being assigned 50% responsibility and 51% responsibility therefore can be extremely significant.
Who Determines Fault for an Accident?
In a disputed personal injury lawsuit, the factfinder determines the percentage of responsibility based on the evidence. The factfinder may be a jury or a judge. Evidence may include police reports, photographs, surveillance footage, vehicle damage, witness testimony, accident reconstruction, medical records, cellphone records, and other documentation.
This is one reason preserving evidence after an accident is so important.
Insurance Companies May Raise Comparative Negligence
Comparative negligence is not just a courtroom issue. Insurance companies may raise allegations of fault during settlement negotiations. For example, an adjuster may argue that you were following too closely, failed to use reasonable care, were distracted, or otherwise contributed to the accident.
An insurer’s allegation is not necessarily proof that you were actually negligent. However, the amount of compensation offered may be affected by how the insurance company evaluates fault. Before accepting an offer, understand how the insurer calculated your alleged percentage of responsibility and whether the evidence supports that conclusion.
What About Multiple People Causing an Accident?
Some Texas accidents involve multiple potentially responsible parties. A collision could involve several drivers, a commercial vehicle, a property owner, an employer, a manufacturer, or another third party.
Texas law allows the factfinder to consider the responsibility of defendants, claimants, settling persons, and certain designated responsible third parties. That means an accident investigation may need to go beyond determining whether one driver was negligent.
How Can You Protect Your Claim?
After an accident, avoid making statements accepting blame before the circumstances have been fully investigated. Gather photographs and witness information when possible, seek appropriate medical care, preserve relevant records, and follow your doctor’s treatment recommendations.
You should also be cautious about discussing your accident on social media or providing extensive statements to an opposing insurance company.
If the other side claims you caused or contributed to your injuries, an attorney can investigate the evidence and challenge an unsupported allocation of fault.
Frequently Asked Questions
Can I still recover compensation if I was partly at fault for a Texas accident?
Possibly. If you are found to be 50% or less responsible, Texas law generally allows recovery of damages reduced by your percentage of responsibility. If you are found to be more than 50% responsible, you generally cannot recover damages.
Can an insurance company decide that I was partially at fault?
An insurance company can use its own assessment of fault when negotiating a settlement, but its determination is not necessarily the final word. In a lawsuit, responsibility is determined based on the evidence presented. An attorney can investigate the accident and challenge an unsupported claim that you contributed to your injuries.
Do not assume that an insurance company’s assessment of fault is the final answer. If you have been injured in a Texas car accident, workplace accident, premises liability incident, or another type of personal injury case, a Texas personal injury attorney can evaluate the facts, identify potentially responsible parties, and explain how comparative negligence may affect your claim.
We’re First to Fight for Texas Injury Victims
Have you been accused of being at fault for an accident that someone else caused? It’s time to seek legal representation so you can pursue compensation. At Allen & Nunnally, we work tirelessly to achieve the best possible outcomes for our clients’ cases. Injured Texans trust us to fight for the compensation they deserve because we have a steadfast commitment to client service that you can depend on. To schedule a consultation with one of our Houston-based attorneys, call (713) 955-2217, use our convenient Contact Form, or email us at info@allen-nunnally.com.