Partly at Fault in an Accident in Texas? Here’s What to Know

After an accident, responsibility is not always completely one-sided. One driver may have been speeding while another failed to yield. A property owner may have created a dangerous condition while an injured person was distracted.

When more than one person may have contributed to an accident, Texas law has a system for determining how responsibility affects a personal injury claim. If you were partly at fault in an accident in Texas, you may still be able to pursue compensation depending on your percentage of responsibility and the circumstances of the case.

What Happens If You Were Partly at Fault in an Accident in Texas?

Texas follows a system known as proportionate responsibility.

In cases where the law applies, responsibility may be divided among the people or parties whose actions contributed to the injury. The person deciding the case may assign a percentage of responsibility to the claimant, defendants, settling parties, and certain responsible third parties.

That means being partially responsible for an accident does not automatically prevent someone from pursuing a claim.

What Is the 51% Rule in Texas?

Texas law generally prevents a claimant from recovering damages when that person's percentage of responsibility is greater than 50%.

For example:

• If you are found 20% responsible, you may still be able to recover damages.

• If you are found 50% responsible, you may still be able to recover damages.

• If you are found 51% responsible, Texas law generally bars recovery under the proportionate responsibility statute.
  

However, every case depends on its facts, and not every claim is governed by the same rules.

How Does Partial Fault Affect Compensation?

If a claimant is allowed to recover but is assigned some responsibility, Texas law generally reduces the damages by that same percentage.

For example, imagine a jury determines that an injured person suffered $100,000 in damages but was 20% responsible for the accident.

The damages could generally be reduced by 20%, resulting in an $80,000 recovery.

This is one reason disagreements over fault can have a significant effect on a personal injury case.

How Is Fault Determined?

There is no single piece of evidence that decides fault in every case.

Depending on the circumstances, evidence may include:

• Police or incident reports

• Photographs and videos

• Witness statements

• Vehicle damage

• Surveillance footage

• Medical records

• Physical evidence from the scene

• Statements from the people involved

• Expert analysis when necessary
  

In an auto accident, for example, photographs of vehicle damage, road conditions, traffic signs, and the positions of the vehicles may help provide context about how the collision occurred. The Texas Department of Insurance also recommends documenting the scene, gathering witness information, and writing down details after a wreck.

What If the Insurance Company Says You Were at Fault?

An insurance company's assessment of fault does not necessarily determine the final legal outcome of a case.

Insurers investigate claims using information such as damage inspections, police reports, witness accounts, and other documentation.

If fault is disputed, preserving evidence can become especially important. Something as simple as photographs, witness contact information, or video footage may help provide a clearer picture of what happened.

You should also be cautious about assuming you have no claim simply because another driver, property owner, or insurance company says you were responsible.

Speak With the Amos Barton Law Firm

Questions about fault can become complicated when several people contributed to an accident.

If you were injured and are unsure how shared responsibility could affect your claim, contact Amos Barton Law Firm at 830-257-7575 to discuss your situation.

This article is for informational purposes only and is not legal advice. Every case is different.

FAQs

Can I recover damages if I was partly responsible for an accident in Texas?

Possibly. Texas law generally allows recovery when a claimant is 50% or less responsible, although the amount recovered may be reduced based on the claimant's percentage of responsibility.

What happens if I am 51% responsible?

Under Texas Civil Practice and Remedies Code Section 33.001, a claimant generally may not recover damages if the claimant's percentage of responsibility is greater than 50%.

Who decides how much fault each person has?

When a case is decided by a factfinder, Texas law provides for percentages of responsibility to be assigned among applicable parties based on the evidence.

Source Notes

Primary sources used: Texas Civil Practice and Remedies Code Sections 33.001, 33.003, and 33.012; Texas Department of Insurance guidance on auto accident claims and working with insurance adjusters.