Car accidents happen in an instant, but determining who is at fault can be complicated. In Texas, many drivers assume that if they share any responsibility for a crash, they cannot pursue compensation. However, Texas law allows drivers who are partially at fault to seek damages, depending on the circumstances. If you were involved in an accident and believe you may have contributed to it, you may still have legal options.

What Is Texas’s Comparative Fault Rule?

Texas follows a legal standard known as modified comparative negligence, also referred to as the 51% Bar Rule. This law states that you can pursue compensation for damages after a car accident as long as you are not more than 50% responsible for the crash.

Here’s how the rule works:

If you are found to be less than 51% at fault, you can still recover damages, but your compensation will be reduced based on your percentage of fault.
If you are 51% or more at fault, you are not eligible to recover any damages.

For example, if a court determines that you were 30% responsible for an accident and your total damages amount to $100,000, your compensation would be reduced by 30%, leaving you with $70,000. Understanding this rule is crucial when considering whether to file a claim.

How Is Fault Determined After a Car Accident?

Fault in a car accident is not always clear-cut. Insurance companies, legal teams, and courts examine multiple factors to determine each party’s level of responsibility. Some key pieces of evidence used in fault determinations include:

Police Reports: Officers at the scene document statements, road conditions, and possible violations, which play a significant role in assigning fault.
Traffic Laws: If one driver violated traffic laws, such as running a red light or speeding, they may be held primarily responsible.
Witness Statements: Testimonies from third-party witnesses can provide unbiased accounts of how the accident occurred.
Accident Reconstruction: In complex cases, experts may recreate the accident scene to determine fault based on vehicle damage and roadway evidence.
Dashcam or Surveillance Footage: Video evidence can provide a clear depiction of events leading up to the accident.

If an insurance company claims that you are at fault, it is important to review the evidence carefully and consult with an attorney before accepting responsibility.

Common Scenarios Where Both Drivers May Be at Fault

Many accidents involve shared responsibility. Here are a few common scenarios where multiple drivers may be found partially liable:

1. Rear-End Collisions

Typically, the driver who rear-ends another vehicle is at fault, but there are exceptions. If the driver in front made a sudden stop without reason, had malfunctioning brake lights, or was driving erratically, they may share some responsibility.

2. Left-Turn Accidents

Drivers making a left turn are usually considered at fault if they collide with an oncoming vehicle. However, if the oncoming driver was speeding or ran a red light, fault may be divided between both parties.

3. Lane-Change Accidents

When two drivers attempt to merge into the same lane simultaneously, both may be found partially responsible for failing to check their blind spots.

4. Multi-Car Pileups

In chain-reaction crashes, fault is often spread across multiple drivers. For example, if Driver A stops suddenly, Driver B rear-ends them, and Driver C collides with Driver B, liability may be shared.

How Partial Fault Affects Your Insurance Claim

Insurance companies often use Texas’s comparative negligence rule to minimize payouts. If you file a claim, the at-fault driver’s insurer may argue that you bear a significant portion of the blame to reduce or deny compensation.

Here are some tactics insurance companies use when partial fault is in question:

Shifting Blame: Adjusters may exaggerate your level of fault to limit their client’s liability.
Lowball Offers: If you are found partially at fault, insurers may offer settlements far below what you deserve.
Requesting Unnecessary Statements: Anything you say to an adjuster can be used to assign you more blame.

It’s best to speak with an attorney before discussing the accident with an insurance company to ensure that your rights are protected.

Steps to Take If You Were Partially at Fault

If you believe you may be partially at fault for an accident, take the following steps to strengthen your case:

1. Do Not Admit Fault

Even if you think you contributed to the crash, never admit fault at the scene. Fault is a legal determination based on evidence, not personal opinion.

2. Gather Evidence

Take photos of the accident scene, vehicle damage, and any visible injuries. Collect witness contact information and request a copy of the police report.

3. Seek Medical Attention

Even if you feel fine, some injuries take time to appear. A medical record can help connect your injuries to the accident.

4. Consult a Personal Injury Attorney

A lawyer can help you dispute unfair fault claims and fight for the compensation you deserve. They can also negotiate with insurance companies on your behalf.

Can You Still Sue If the Insurance Company Claims You’re Mostly at Fault?

Yes, you can still take legal action if an insurance company claims you are mostly at fault. However, if your case goes to court, a judge or jury will determine your percentage of responsibility. If they find that you were less than 51% responsible, you can still recover damages.

Filing a lawsuit may be necessary if:

The insurance company unfairly blames you to reduce their payout.
The settlement offer does not cover your medical bills, lost wages, or other damages.
There is strong evidence that the other driver was primarily at fault.

Contact Galliani Injury Law After a Dallas Car Accident

If you were involved in a car accident and are unsure about your level of fault, seeking legal advice is the best way to understand your options. A skilled attorney can help you challenge unfair fault claims, negotiate with insurance companies, and fight for the compensation you deserve.

Can You Sue for a Car Accident If You Were Partially at Fault in Texas?