Was I Partly at Fault for My Accident? You Can Still Get Compensation in Texas

It's one of the most common reasons injured people DON'T call a lawyer: they think 'I was partly at fault too, so I don't have a case.' In Texas, that belief leaves a lot of money on the table. Texas law lets you recover compensation even if you shared some of the responsibility for the accident. Here's exactly how it works.

The Texas rule: modified comparative negligence

Texas uses a system called modified comparative negligence (Civil Practice and Remedies Code, Chapter 33). The idea is simple: after an accident, a percentage of fault is assigned to each party. What matters is one key number:

• If your fault is 50% or less, you can still recover compensation.
• If your fault is 51% or more, you lose the right to recover. (In Texas this is called the '51% rule.')

In other words: as long as most of the blame isn't yours, you have the right to file a claim. So many real-life accidents fall in this zone — where both drivers did something, but one clearly did more.

How is my compensation reduced? (example)

If you're assigned part of the fault, your compensation is reduced by that same percentage. Let's look at an example that is for illustration only (real amounts depend on each case):

1. 1The total value of your case is calculated at $50,000.
2. 2You're assigned 20% of the fault for the accident.
3. 3Your compensation is reduced by that 20% ($10,000).
4. 4You receive $40,000.

This example is not a promise of a result — every case is different and value depends on your injuries, expenses, and the evidence. The point is the lesson: even with some fault, you still have a case with real value.

Why the insurer tries to inflate your fault

Now you understand why the other driver's insurer is so eager to blame you: every percentage point of fault they pin on you is money they save. If they can convince everyone you were 51% or more at fault, they pay you nothing. That's why they use tactics like:

• Asking for a recorded statement so you say something that sounds like admitting fault.
• Interpreting an 'I'm sorry' or 'I didn't see it' as accepting responsibility.
• Focusing on what you did and ignoring what their insured did.
• Offering you a quick, low check before you know your rights.

What to do if you think you were partly at fault

1. 1Don't admit fault at the scene or to the insurer; you don't always know who was really responsible.
2. 2Don't give a recorded statement without advice.
3. 3Keep all the evidence: photos, police report, witness info, camera footage.
4. 4See a doctor and finish your treatment.
5. 5Consult a lawyer before accepting any offer — fault is determined by evidence, not by the insurer's opinion.

How a lawyer helps with shared fault

An accident lawyer gathers the evidence — police report, witnesses, cameras, accident reconstruction — to show that your percentage of fault is lower than the insurer claims, and so protect your compensation. Fault isn't decided by whoever shouts loudest: it's decided by evidence. With more than 30 years of experience in Texas courts, Ruiz & Associates fights that percentage for you. We serve Eagle Pass, Maverick County, San Antonio, and all of Texas, we're bilingual, we answer personally, and we work on contingency: you pay nothing unless we win your case.