If you’re partly responsible for an accident that caused your injuries, it’s still possible to claim compensation. Under Texas comparative negligence law, you can recover damages after an accident if you share up to 50% of the fault.
While this type of fault system helps victims pursue the financial relief they need to move forward after an accident, insurance companies may try to shift more of the blame onto victims to pay as little as possible. Attorney Joe Stephens understands these unfair tactics and can fight to protect your right to compensation. Schedule a free consultation to speak with an experienced Houston personal injury lawyer today.
KEY TAKEAWAYS
- Under Texas comparative negligence law, injured people can still receive compensation if they are up to 50% at fault. Sharing more than 50% of the blame means you’re barred from recovering damages.
- If you’re found to be 50% or less at fault, the amount awarded to you is reduced by the percentage of fault you share for the accident.
- Insurance companies may use unfair tactics to shift more blame to you and minimize their payout for your claim. Working with a skilled injury attorney can protect your right to full compensation.
How Does Comparative Negligence Work in Texas?
Modified comparative negligence in Texas, also known as proportionate responsibility or the 51% rule in Texas personal injury claims, is a legal rule used to determine liability when more than one party is at fault. It also affects how much compensation an injured person can recover.
If you are 50% or less at fault for the accident, you can pursue compensation. However, the amount you receive is proportionately reduced by the percentage of fault assigned to you. If you are 51% or more at fault, the law does not allow you to recover damages.
Texas law used to completely bar victims from recovery if they shared any fault for their injuries. Like most states, Texas shifted to the comparative negligence system, which is more favorable for people who are injured.
How Fault Percentages Affect Your Texas Injury Compensation
Comparative negligence can be a tricky concept if you’ve never had to deal with insurance companies after an accident. To better understand how it might affect your case, here’s an example.
You’re injured in a Houston car accident after another driver was distracted and turned into your lane. While the other driver was mostly responsible for the accident, you were found to be 20% at fault because you were speeding. Your damages were valued at $100,000, but are reduced by 20% to $80,000.
You are entitled to compensation when you are up to 50% at fault. Unfortunately, a small shift of just 1% could completely eliminate your ability to recover damages. A skilled attorney will gather evidence to build your case and fight back against unfair insurers who try to blame you for what happened.
Who Decides How Fault Is Shared in a Texas Injury Case?
Knowing who was at fault for your accident will have a direct impact on how your claim progresses and resolves. Determining fault is a process that involves many parties, including:
- Police officers at the scene
- Insurance adjusters when reviewing claims
- Lawyers fighting to protect their clients
- The judge and jury at trial
Under Texas law, defense attorneys can designate responsible third parties (RTPs) who are not involved in the lawsuit. If this happens, it can dilute the defendant’s share of fault and significantly decrease a victim’s total compensation. Designating an RTP presents legal challenges that an experienced litigator can handle, holding the primary defendant fully accountable for their share.
The determination of who is responsible for the accident and the percentage of fault assigned to each party is not final until a settlement offer is accepted or a jury reaches a verdict. After that, you cannot challenge the decision.
If you’ve been hurt in an accident, you’re probably feeling overwhelmed and unsure where to turn. Joe Stephens is here to listen, guide you, and fight for the full compensation you need to move forward with your life.
Common Ways Insurance Companies Try to Shift Blame in Houston Accident Cases
After a sudden accident, you may assume the insurance companies will cover your medical bills, lost wages, property damage, and other losses included in the policy. Unfortunately, many insurance companies are more interested in protecting their bottom line than paying what you’re owed.
Insurers often use unethical tactics to place more blame on victims, reducing their payouts or denying claims altogether. Here are some ways the insurance company may try to shift fault to you:
Claiming You Were Distracted
If you were hurt in a car accident, insurance adjusters may argue that you were texting, looking at your phone, or distracted by passengers and not paying attention at the time of the accident.
Saying You Violated Traffic Rules or Failed to Maintain Your Vehicle
Even minor traffic violations could be used to blame you for what happened, such as speeding or failing to signal. They may also claim that worn tires, a broken taillight, or steering issues on your vehicle contributed to the crash.
Arguing Failure to Avoid the Hazard
Insurance companies may argue that your reaction times were unreasonably slow or you didn’t use precautions to avoid a road hazard when it was possible to do so.
Using Recorded Statements Against You
Be careful when giving recorded statements to insurance companies. They may ask leading questions to get you to say something that might inadvertently hurt your case. For example, replying with “I’m okay” or “I’m sorry” could be interpreted as saying you’re not hurt or admitting fault.
Misinterpreting Medical Records
Another insurance tactic is using your medical history and records to minimize the severity of your injuries. They may argue that your injury and related pain are caused by a pre-existing condition. If you did not seek medical attention right away or you did not follow through with treatment, they can argue your injuries were not caused by the crash or were not as serious as you claim.
Monitoring Social Media
In some cases, insurers may monitor your social media for activity that may contradict what you told them about your injuries. They may find pictures or videos of you having fun with friends and claim your injuries cannot be as severe as you say if you’re able to do these activities.
Shared Fault in Your Texas Accident? Talk to Attorney Joe Stephens Today
If you were injured in an accident, you can still recover compensation if you’re partially at fault in Texas. Working with a skilled personal injury lawyer can help you pursue the financial relief available to you and avoid being disproportionately blamed for what happened.
When we fight, you win. At The Stephens Law Firm, attorney Joe Stephens is a double board-certified personal injury lawyer and has gained national recognition for his tireless advocacy of injured people’s rights in Texas. Call (281) 201-0035 or contact us online to schedule a free consultation and learn how we can help you after an accident.
