What Happens When You’re Partially at Fault for Your Accident in Texas?

Being partially responsible for an accident doesn’t automatically prevent you from recovering compensation in Texas. The state follows a comparative negligence system that allows injured parties to pursue damages even when they bear some responsibility for their injuries, as long as their fault doesn’t exceed 50 percent of the total blame.

The Law Firm of Chaile Allen knows how stressful it may feel to navigate an injury claim when you may have contributed to an accident. Chaile Allen has spent over 15 years helping West Texas residents understand their rights and pursue fair compensation, regardless of whether they played a role in their accident. Her personalized approach ensures you receive clear guidance about your legal options and realistic expectations about your case.

How Texas Handles Partial Fault in Personal Injury Cases

Texas works under a modified comparative negligence rule, specifically the “51 percent bar rule.” This system allows you to recoup damages as long as you are not more than 50 percent responsible for the accident. If a court or jury determines you are 51 percent or more at fault, you are not able to recover any compensation from other parties involved.

The rule applies to various types of accidents, including car accidents, motorcycle accidents, slip and fall accidents, and other personal injury cases. Insurance entities and opposing attorneys will scrutinize your actions leading up to the accident to assign fault percentages, making it crucial to understand how this process works.

For example, if you were injured in a car accident while texting and driving, but the other driver ran a red light, a jury might find you 30 percent at fault and the other driver 70 percent at fault. Since your fault percentage is below 51 percent, you may still recover damages, though your compensation will be decreased by your percentage of fault.

How Fault Percentages Affect Your Compensation

When you bear partial responsibility for your accident, your compensation gets reduced proportionally to your fault percentage. This reduction applies to all damages you might otherwise recover, including medical expenses, lost wages, pain and suffering, and property damage.

Consider a scenario where your total damages amount to $100,000, but you are found 25 percent at fault. Your final compensation would be $75,000 after the 25 percent reduction. The same principle applies regardless of your damage amount or fault percentage, as long as you remain under the 51 percent threshold.

Insurance companies may use this rule to their advantage by arguing for higher fault percentages against injured parties. They may claim you were speeding, not paying attention, or violating traffic laws to increase your assigned fault and reduce their payout obligations. Having an experienced attorney helps protect you from these tactics and ensures fault is assigned fairly based on actual evidence.

Common Examples of Partial Fault Scenarios

Several situations commonly involve partial fault determinations in Texas personal injury cases. In rear-end collisions, the following driver is typically at fault, but the lead driver might share responsibility if they stopped suddenly without cause or had non-functioning brake lights. Similarly, in intersection accidents, one driver might run a red light while the other was speeding, creating shared responsibility.

Premises liability cases also frequently involve partial fault questions. If you slip and fall in a store, the property owner might be responsible for failing to maintain safe conditions, but you could share fault if you were wearing inappropriate footwear or ignoring warning signs about wet floors.

Motorcycle accidents present unique challenges for fault determination, as insurance companies often display bias against motorcyclists. They may argue that lane splitting, speeding, or not wearing proper protective gear contributed to your injuries, even when another driver clearly violated traffic laws.

Contact The Law Firm of Chaile Allen for Your Partial Fault Case

Navigating a personal injury claim when you bear partial responsibility requires careful legal strategy and thorough investigation of the accident circumstances. Chaile Allen brings 15 years of litigation experience to every case, ensuring that fault gets assigned accurately based on evidence rather than insurance company tactics. Her deep West Texas roots and commitment to personalized representation mean you receive dedicated attention throughout your case.

The Law Firm of Chaile Allen has built its reputation on organic growth through satisfied client referrals and community recognition, reflecting the quality legal representation provided to injury victims across multiple Texas counties. Don’t let concerns about a partial fault prevent you from exploring your legal options. Contact our office today to schedule your free consultation and learn how Chaile Allen can help protect your rights and pursue the compensation you deserve.