After an accident, it’s not always clear who’s entirely to blame. In some cases, the injured person may share some responsibility for what happened. That’s where comparative fault — also known as proportionate responsibility — comes into play. In Texas, this legal rule can significantly affect how much compensation you’re entitled to after a personal injury.
Here’s how comparative fault works, how it’s applied in Texas, and why it matters in car accidents, motorcycle crashes, and other personal injury cases.
What Is Comparative Fault?
Comparative fault is a legal principle that reduces the amount of compensation a person can recover if they are found partially responsible for their own injuries. The idea is that if your actions contributed to the accident, your recovery should reflect that.
Texas uses a modified comparative fault system with a 51% bar rule, meaning:
- You can still recover damages if you’re 50% or less at fault
- But if you’re 51% or more at fault, you recover nothing
This is codified in Texas Civil Practice and Remedies Code § 33.001.
How Fault Is Determined
Fault in a personal injury case is typically determined by the facts surrounding the accident, including:
- Police reports
- Witness statements
- Photographs or video footage
- Expert testimony (accident reconstruction, engineering, medical experts)
- Traffic laws or safety regulations violated
Insurance companies often conduct their own investigations and try to shift blame to reduce payouts — which makes proper legal representation critical.
Examples of Comparative Fault in Action
Example 1: Car Accident
A driver runs a red light and hits you, but evidence shows you were speeding. You’re found 20% at fault. Your total damages are $100,000. Under Texas law, you would still recover $80,000 (100,000 – 20%).
Example 2: Motorcycle Crash
You’re rear-ended while stopped at a traffic light, but you weren’t wearing a helmet. The other driver is 100% at fault for the collision, but the insurance company argues your head injury was worse because you weren’t protected. A court may assign you partial fault for the severity of your injuries.
Example 3: Slip and Fall
You slip on a wet floor at a store, but you were texting and didn’t see a warning sign. If a jury finds you 40% responsible, your damages will be reduced by 40%.
Why This Matters for Your Case
Comparative fault directly affects your bottom line. Insurance companies may try to inflate your share of responsibility to lower what they have to pay. If they can convince a jury that you’re more than 50% at fault, they may avoid paying anything at all.
That’s why it’s important to:
- Document everything after the incident
- Avoid giving recorded statements to insurers without legal advice
- Work with a personal injury attorney who can protect your side of the story
Spagnoletti Law Firm Helps Injury Victims Navigate Texas Fault Laws
Determining fault is one of the most critical parts of any personal injury case. If you’ve been injured in an accident, don’t assume you were at fault — and don’t accept blame without speaking to an attorney first.
Spagnoletti Law Firm represents clients across Texas in personal injury cases where fault may be disputed. We investigate your case, build strong evidence, and fight back against insurance tactics aimed at reducing your compensation.
📞 Call 713-804-9306 today for a free consultation. No legal fees unless compensation is recovered.