An insurance adjuster may suggest that your own actions during an accident prevent you from receiving a settlement. However, the Texas comparative fault law establishes a specific system for assigning responsibility, which may allow you to recover damages even if you were partially at fault.
An adjuster's initial assessment doesn’t have to be the final word on your claim. An experienced personal injury attorney advocates for you and works to protect your right to seek compensation under this system.
Key Takeaways for Texas Comparative Fault Law
- You may pursue compensation for your injuries and losses as long as a jury or insurance company finds you 50% or less responsible for the accident.
- The total amount of damages you can recover gets reduced by your specific percentage of fault.
- If you’re found 51% or more at fault, you’re barred from recovering any damages.
- Insurance companies often attempt to shift as much blame as possible onto you to minimize the amount they pay.
- The evidence collected immediately after the accident plays a fundamental role in determining the final allocation of fault.
Understanding the 51 Percent Bar Rule in Texas
When a person sustains injuries in an accident, the concept of fault becomes the central issue. Many people incorrectly believe that if they contributed to the accident in any way, they forfeit their right to financial recovery. Texas law presents a different framework for these situations.
The state’s modified comparative negligence system, officially known as proportionate responsibility, directly addresses shared fault accident cases. The core of this principle is the 51% bar rule.
This rule dictates that you can seek compensation from another party as long as your share of the responsibility for the incident doesn’t exceed 50%. Your final settlement or award, however, is reduced in proportion to your degree of fault.
For instance, if you have $100,000 in damages but are found to be 5% responsible for the crash, you may still recover $95,000.
The Fight Over Fault Distribution
An assignment of 0% fault means you may receive the full value of your damages. In contrast, an assignment of 51% or more fault means you receive nothing.
This system makes the fight over percentage points incredibly important. A difference of a single percentage point can determine whether you get a substantial settlement or are left with all of your accident-related expenses.
The gray area between 40% and 51% is where many personal injury claims are intensely debated. For example, imagine a collision at an intersection near the Pearl District in San Antonio. One driver was speeding, and the other made a left turn without a clear right-of-way.
The speeding driver's insurer may claim the left-turning driver failed to yield and is 51% or more at fault to deny the claim. Conversely, the left-turning driver's attorney will argue that the speeder's excessive speed caused the unavoidable collision and holds the majority of the blame.
A jury or insurance adjuster must assign a fault percentage to each driver, a decision that will determine how much compensation, if any, is paid.
How Juries and Insurers Determine Fault
Assigning a percentage of fault isn’t a random process. It involves a detailed investigation into the facts of the accident. Insurance adjusters and, if necessary, a jury, will review all available information to piece together the sequence of events.
The goal is to determine how each person's actions contributed to the outcome. They look at who violated traffic laws, who acted carelessly, and what a reasonable person would have done under the same circumstances. Every piece of evidence helps build a complete picture of the incident.
A wreck on a busy highway, such as I-10 or Loop 1604, during rush hour can present a complex scene. Several factors may contribute to the collision, and multiple parties may share some responsibility. Untangling these facts requires a methodical approach.
Evidence in a Shared Fault Accident
Substantial evidence is the foundation of any successful personal injury claim, especially one involving the Texas comparative fault law. The initial evidence gathered from the scene of the accident often has the most weight.
Your attorney's ability to demonstrate the other party’s greater share of responsibility depends on the quality and strength of the available evidence. Your legal team focuses on gathering and analyzing key information to build a persuasive argument.
Here are some of the evidence types that help establish fault:
- Police Accident Reports: This report contains the investigating officer’s initial findings, diagrams of the scene, and any citations issued.
- Witness Statements: Independent witnesses who saw the accident can provide an unbiased account of what happened.
- Photo and Video Evidence: Pictures of the vehicles, skid marks, road conditions, and any nearby surveillance or dashcam footage can offer objective proof.
- Vehicle Damage: The location and severity of the damage to the vehicles involved can help reconstruct the collision and determine points of impact and speed.
Common Insurance Company Tactics To Shift Blame
Insurance adjusters for the other party have a primary objective: to protect their company’s financial interests. One of the most effective ways to do this is to shift as much fault as possible onto you. Under the 51% bar rule, a small increase in your assigned fault can save the insurance company a large amount of money.
Adjusters use several strategies to influence the fault determination process. They may ask leading questions when you provide a recorded statement, hoping you’ll say something that implies guilt. They may also misinterpret your words or take them out of context to argue that you admitted fault.
Another common tactic involves using any minor traffic violation or moment of inattention against you. If you were driving just a few miles over the speed limit on Culebra Road, the adjuster might argue that your speed was the primary cause of the accident, even if the other driver ran a red light.
This strategy aims to push your percentage of fault higher, potentially past the 50% threshold.
Defending Against Unfair Blame
Challenging an unfair allocation of fault is a primary function of your personal injury lawyer. Your attorney presents your side of the story, supported by compelling evidence, to counter the insurance company's arguments.
A proactive approach is often necessary to prevent an initial, unfavorable fault determination from becoming permanent. Your Texas car accident attorney works to show a complete picture of the crash.
They may highlight factors the insurance company ignored, such as road hazards, poor visibility, or the other driver's distracted behavior. The goal is to ensure the final fault percentage is based on a full and fair analysis of all contributing factors.
While insurers often try to influence fault distribution to lower the amount they must pay out on claims, they sometimes employ other strategies to minimize their financial exposure. A lawyer’s advocacy helps protect your ability to recover damages under the Texas comparative fault law.
Here are some common tactics insurance companies use to minimize the amount they ultimately pay on a claim:
- Requesting a Recorded Statement: Adjusters use these statements to ask targeted questions designed to elicit responses that can be interpreted as an admission of fault.
- Citing Minor Traffic Infractions: They may magnify a minor infraction, like failing to signal a lane change properly, to assign a disproportionate amount of blame.
- Delaying the Investigation: In some cases, a company may delay its investigation, hoping that witnesses become harder to find or that physical evidence disappears.
- Making a Low, Quick Settlement Offer: This tactic pressures an unrepresented victim into accepting a small amount before the full extent of their injuries and the facts of the case are known.
How a Lawyer Helps Maximize Your Compensation Under the Texas Comparative Fault Law
When you face a situation involving shared fault, the support of a skilled personal injury attorney is invaluable. Their work focuses on protecting your rights and positioning your claim for the most favorable outcome possible within the bounds of the law.
Your Texas car accident lawyer manages the complex details of the claim, and their involvement changes the dynamic of the claims process.
Insurance adjusters know they’re dealing with a professional who understands the law and has the resources to take a case to court if necessary. This alone can lead to more serious negotiations.
Here is how a lawyer maximizes your compensation under modified comparative negligence:
- Conducting a Thorough Investigation: Your lawyer initiates an independent investigation to gather all available evidence, identify witnesses, and establish a clear narrative of how the accident happened and who was actually responsible.
- Managing Communications: Your attorney handles all correspondence and conversations with the insurance companies, protecting you from saying anything that could be used to assign you additional fault.
- Calculating Your Damages: Your legal team documents all of your losses, including current and future medical expenses, lost income, and pain and suffering, to establish the full value of your claim.
- Negotiating a Settlement: Your lawyer uses the evidence and a clear understanding of the Texas comparative fault law to negotiate with the insurance company for a settlement that reflects a fair fault allocation.
FAQ for Texas Comparative Fault Law
How Long Do I Have To File a Personal Injury Claim in Texas?
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. It’s beneficial to act much sooner, however, because waiting can make it more difficult to collect crucial evidence and build a strong case.
What Happens if Both Drivers Are Found To Be 50% at Fault?
If two drivers are each found to be 50% responsible for a collision, both can file a claim to recover damages from the other driver's insurance. Each driver's recovery would be reduced by their 50% share of the fault, meaning they can each pursue a settlement for half of their total damages.
Can a Passenger Recover Damages in a Shared Fault Accident?
Yes, passengers are very rarely found to be at fault for an accident. A passenger injured in a crash may typically file a claim against the insurance policies of one or both of the at-fault drivers to recover compensation for their injuries.
What Is the Difference Between Comparative and Contributory Negligence?
Texas uses a modified comparative negligence system, which allows you to recover damages if you are 50% or less at fault. A few states use a much harsher system called contributory negligence, which bars victims from recovering any damages if they’re found to be even 1% at fault for the accident.
How Does the Texas Comparative Fault Law Affect My Car Accident Claim?
The Texas comparative fault law governs your ability to recover money after a car accident where you were partially responsible. The law directly impacts your case by establishing that your fault must be 50% or less to get a settlement and that your exact portion of blame reduces your final award.
An experienced attorney can help you present the evidence in a way that argues for the lowest possible percentage of fault.
We’ll Protect Your Rights
Don’t let an insurance company’s initial assessment of fault discourage you from pursuing the compensation you need. The legal team at Cowen | Rodriguez | Peacock understands the nuances of the 51% bar rule and is prepared to build a strong case on your behalf.
Contact us today for a free review of your case and discover how we can help you.