If you were injured in an accident in Texas, you may wonder how fault impacts your ability to recover compensation. Texas follows a modified comparative negligence rule, meaning the amount you can recover depends on your level of fault for the accident.
If you were partially responsible, your compensation may be reduced, and if you were mostly at fault, you may not recover anything at all.
Understanding Texas comparative negligence is essential before filing a personal injury claim. Whether you were in a car accident, slip and fall, or another type of incident, knowing how fault is calculated can help you determine whether you’re eligible for compensation and how much you might receive.
Our experienced El Paso, Texas personal injury attorneys will explain what you should know.
For a free consultation, please don’t hesitate to call (575) 222-1000 or send us an online message today.
Is Texas a Contributory Negligence State?
Texas does not follow contributory negligence rules. States that follow pure contributory negligence do not allow injured victims to recover damages if they contributed to the accident at all—even if they are 1% at fault.
Fortunately, Texas modified comparative negligence provides injured victims with more opportunities to pursue compensation.
What Is Texas Comparative Negligence?
Texas follows a modified comparative negligence rule when it comes to calculating compensation in personal injury cases. Under this law, your level of fault directly affects the amount of compensation you can recover from an accident. If you are less than 51% responsible, you are still eligible for damages, but your compensation will be reduced by your percentage of fault.
For instance, if you are found 30% at fault in an accident with $100,000 in damages, your compensation would be lowered to $70,000. However, if you are 51% or more at fault, you are completely barred from recovering any compensation.
This rule plays a significant role in settlement negotiations. Insurance companies frequently attempt to use it to minimize payouts by arguing that the injured party bears a higher percentage of fault.
By shifting more blame onto the accident victim, insurers can reduce the amount they are obligated to pay—or avoid paying altogether if they can show you are more than 50% at fault.
Understanding comparative negligence in Texas is essential to protecting your right to fair compensation after an accident.
Comparative Negligence in Texas Car Accidents
If you were involved in a car accident, Texas comparative negligence laws will determine how much compensation you can receive.
Fault is assigned based on actions leading up to the crash, such as:
- Speeding. A driver exceeding the speed limit may be assigned partial fault even if the other driver caused the crash.
- Distracted driving. If a driver was texting or looking away, they may share liability.
- Failure to yield. Drivers who ignore right-of-way rules may be held partially responsible.
- Driving under the influence. If both drivers were impaired, fault may be divided based on each party’s actions.
Liability is not always obvious, even when it appears to be, such as in a rear-end collision. While rear drivers are often presumed at fault, if the front driver brake-checked or had non-working brake lights, they may share responsibility.
How Is Fault Determined in a Texas Comparative Negligence Case?
Insurance companies and courts assess fault based on evidence presented by both parties.
The following factors play a role in establishing liability:
- Police reports—official documentation of the accident, including statements from officers;
- Eyewitness testimony—accounts from people who saw the incident occur;
- Surveillance footage—video evidence that may support or challenge fault claims;
- Accident reconstruction—experts may analyze the scene to determine how the accident happened; and
- Medical records—documentation that connects injuries to the incident.
Texas law does not assign fault automatically, meaning that both parties may dispute liability. If you believe an insurance company is wrongly assigning you more fault, a personal injury attorney can present evidence to challenge their findings and take the case to court if necessary.
How Texas Comparative Fault Affects Personal Injury Settlements
If you are filing a personal injury claim, Texas comparative negligence laws will directly impact your settlement amount. Insurance companies determine how much they are willing to pay based on fault percentages, often attempting to assign more blame to reduce payouts. The stronger your evidence, the better your chances of minimizing your assigned fault percentage and maximizing your compensation.
In these situations, the support of a legal professional is key. An experienced lawyer can challenge unfair fault determinations and negotiate for a higher settlement. If an insurance company wrongfully assigns you more than 50% fault, you may be denied compensation entirely. Seeking legal representation can help ensure that fault is properly assigned, protecting your right to the compensation you deserve.
Exceptions to Texas Modified Comparative Negligence
While Texas modified comparative negligence applies in most personal injury cases, there are exceptions:
- Workers’ compensation claims. Texas workers’ comp benefits are not based on fault, meaning injured employees may recover benefits regardless of negligence.
- Strict liability cases. In product liability claims, manufacturers may be held responsible regardless of fault if a defective product caused an injury.
- Intentional misconduct. If the at-fault party’s actions were intentional, comparative fault may not apply.
Understanding these exceptions is important if you are pursuing a personal injury claim in Texas.
What to Do If You Are Being Blamed for an Accident
Taking immediate action can protect your claim if you are being wrongfully blamed for an accident.
Steps to take include:
- Gathering evidence. Take photos, collect witness statements, and secure video footage of the accident.
- Requesting a police report. Review the official accident report and dispute any incorrect information.
- Avoiding recorded statements. Insurance adjusters may use your words against you to increase your fault percentage.
- Consulting with a lawyer. An attorney can challenge unfair fault assignments and negotiate for a higher settlement.
Texas comparative negligence laws allow for partial recovery, but insurance companies will attempt to reduce payouts by assigning as much fault to you as possible. That’s why it’s crucial to have support from an experienced Texas attorney who can protect your rights, contest unfair fault attributions, and fight for the full compensation you deserve.
Protect Your Right to Full Compensation—Contact Tawney, Acosta & Chaparro P.C. Today
If you are being blamed for an accident, don’t let an insurance company unfairly reduce or deny your compensation. Texas modified comparative negligence laws can significantly impact your claim, and insurers will use every tactic to shift more fault onto you. At Tawney, Acosta & Chaparro P.C., we understand how insurance companies operate and know how to fight back.
Our experienced personal injury attorneys have helped injured Texans recover millions in just compensation, and we are prepared to help you. Contact us online or call (575) 222-1000 today for a free consultation, and let us help you secure the financial recovery you deserve.
Daisy Chaparro
Daisy Chaparro was born and raised in El Paso, Texas. A graduate from El Dorado High School in 2008 and obtained a Bachelor of Arts in Political Science with a minor in Philosophy from St. Mary’s University in 2012. Daisy then obtained her Juris Doctorate (magna cum laude) from Texas Tech University School of Law in 2015.
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