After a collision, many people assume they can’t receive compensation if they share any responsibility for what happened. In Texas, that assumption isn’t always correct. Partial fault doesn’t automatically prevent you from pursuing a claim. In many cases, you can still recover damages when multiple parties share responsibility.
Understanding how Texas handles shared fault can help you make informed decisions about your situation.
Fault in Texas Personal Injury Cases
Texas follows a legal rule called modified comparative fault. Under this rule, you may recover damages if you hold 50 percent or less of the responsibility for the accident. If you hold 51 percent or more of the fault, you can’t recover damages.
For example, one driver may have been speeding while another driver failed to stop at a stop sign. Instead of assigning all responsibility to one person, Texas law allows courts and insurers to divide fault between everyone involved.
Because of this rule, your percentage of responsibility can change the value of your claim. If your total damages equal $200,000 and you hold 20 percent of the fault, your potential recovery would decrease by 20 percent to $160,000.
Common Situations for Shared Fault Cases
Partial fault doesn’t only apply to vehicle collisions. Shared responsibility can arise in several types of injury claims, including:
- Slip-and-fall cases.
- Pedestrian collisions.
- Work-related incidents.
- Car collisions.
In many cases, insurance companies argue that an injured person shares responsibility because that argument can reduce what the insurer must pay. Still, an insurance adjuster’s claim doesn’t make it accurate. For that reason, evidence plays a major role in determining fault.
Helpful evidence may include:
- Police crash reports.
- Photos from the scene.
- Dashcam footage.
- Witness statements.
- Medical records.
- Maintenance or inspection records.
- Expert accident reconstruction analysis.
What If Multiple Parties Were Responsible?
Some injury cases involve more than two responsible parties. For example, a collision may involve another driver, an employer or a trucking company. Likewise, a premises liability case may involve both a property owner and a maintenance contractor.
Texas law allows courts to divide fault among several parties. As a result, identifying every person or company that contributed to the accident may improve your chances of receiving fair compensation.
Practical Steps to Protect Your Claim
If you believe you may share some responsibility, take these steps as soon as possible to protect your claim:
- Don’t assume you have no case. Many claims involve shared fault.
- Avoid admitting fault at the scene.
- Preserve evidence. Save photos, videos and witness information.
- Seek medical care as soon as possible.
- Use caution when communicating with insurers. They may use your statements against you.
- Speak with an attorney early. Evidence and early investigation often decide fault disputes.
These steps can help protect your rights and give you a better chance of recovering damages. The bottom line is that you may still receive compensation in Texas even if you share some responsibility.
Your percentage of fault matters. The evidence supporting that percentage matters too. Don’t let an insurance adjuster or uncertainty convince you that your claim has no value before someone reviews the facts.
Let Us Help
At The Johnson Law Firm, we understand how Texas handles fault disputes and how those disputes can affect personal injury claims. Our team will review the evidence, explain your options and work to protect your right to compensation.
If you were hurt or have questions about a possible claim, contact The Johnson Law Firm today.
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