Can You Still Recover Compensation in Texas if You Were Partially at Fault?

If you were injured in a car accident, truck accident, motorcycle crash, or another type of personal injury incident, you may wonder whether you can still recover compensation if you were partly responsible for what happened. In Texas, the answer is generally yes. However, the amount of compensation you can recover may be reduced based on your percentage of fault.

Texas follows a legal rule known as proportionate responsibility, sometimes called comparative negligence. Under Texas Civil Practice and Remedies Code Section 33.001, a person who is found to be 51% or more responsible for an injury generally cannot recover damages. If the injured person is 50% or less responsible, however, they may still be able to recover compensation.

How Does Comparative Fault Work?

Consider a hypothetical example. Suppose you are injured in a car accident and suffer $100,000 in damages. A jury determines that the other driver was 80% responsible for the accident, while you were 20% responsible.

Under Texas’s proportionate-responsibility rules, your $100,000 award could be reduced by your 20% share of responsibility. You could potentially recover $80,000.

On the other hand, if you were determined to be 60% responsible, you generally would not be entitled to recover damages under Section 33.001.

This means that being partially at fault does not automatically prevent you from pursuing a personal injury claim. The percentage of responsibility assigned to you can make a significant difference in the value of your case.

Who Determines Your Percentage of Fault?

The parties and their insurance companies may dispute who caused an accident and how much responsibility each person bears. Evidence such as police reports, photographs, video footage, witness statements, medical records, vehicle damage, and accident-reconstruction evidence may be important in establishing fault.

If your case goes to trial, the jury can determine the percentage of responsibility attributable to each party based on the evidence presented.

Insurance companies may also attempt to place a greater percentage of fault on an injured person to reduce the amount they have to pay. For that reason, it is important to carefully evaluate the evidence before accepting an insurance settlement.

What Damages Can You Recover?

Depending on the circumstances of your case, damages may include medical expenses, lost wages, diminished earning capacity, property damage, physical pain and suffering, mental anguish, and other losses recognized under Texas law.

Your recovery may be reduced according to your percentage of responsibility. For example, if your total damages are $200,000 and you are found 25% responsible, your potential recovery could be reduced to $150,000.

Don’t Assume Fault Means You Have No Claim

One of the biggest mistakes an injured person can make is assuming that being partially responsible means they cannot recover anything. Texas law generally allows recovery when the injured person’s responsibility is 50% or less.

Because determining fault can be complicated, it is important to preserve evidence and understand your legal rights before accepting an insurance company’s determination of responsibility. Texas also generally imposes a two-year statute of limitations for personal injury lawsuits, although exceptions may apply.

If you were partially at fault for an accident, you may still have a valid personal injury claim. An experienced Texas personal injury attorney can evaluate the circumstances, investigate the accident, and help determine how comparative fault may affect your potential recovery.

IF YOU’VE BEEN INJURED IN AN ACCIDENT, CONTACT THE LAW OFFICE OF BRIAN BRUNSON TODAY FOR YOUR FREE CONSULTATION.

Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.

We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.