Introduction

Many accident victims assume they cannot pursue compensation if they were partially responsible for an accident. However, Texas law allows individuals to recover damages in certain situations even if they share some responsibility.

Comparative Fault in Texas

Texas follows a rule known as modified comparative fault. Under this rule, an injured person may still recover compensation as long as they are not more than 50% responsible for the accident.

However, the total compensation may be reduced based on the percentage of fault assigned.

Example Scenario

If a person is found to be 20% responsible for an accident and the damages total $100,000, the compensation may be reduced by that percentage.

In this case, the individual may recover $80,000.

Why Determining Fault Matters

Establishing fault often requires reviewing evidence such as accident reports, witness statements, and expert analysis. Insurance companies may attempt to shift blame in order to reduce their liability.

Conclusion

Even if you believe you may share some responsibility for an accident, you may still have legal options available. Understanding how fault is determined can help you make informed decisions about pursuing a claim.