Do I Have a Case if I’m at Fault for Causing the Accident?

It is a common misconception that if you were partially at fault for an accident, you cannot recover compensation for your injuries. In Texas, the law follows a “modified comparative fault” system, which allows injured parties to pursue damages even if they share some responsibility for the incident. The key rule is that if you are found to be more than 50% at fault, meaning 51% or higher, you generally cannot recover any compensation. However, if your fault is 50% or less, you may still be entitled to a portion of your damages, with your recovery reduced by the percentage of fault attributed to you.

For example, if your total damages from medical bills, lost wages, and pain and suffering amount to $100,000 and you are determined to be 20% at fault for the accident, your compensation would be reduced by 20%, leaving you with $80,000. Even a partial recovery can make a significant difference in covering medical expenses and helping you get back on your feet. In practical terms, 80% of something is far better than 0% of nothing, and 50% of compensation can still help alleviate the financial and emotional burdens of your injuries.

Working with an experienced personal injury attorney is critical, especially when fault is shared. Insurance companies and opposing parties often attempt to exaggerate your responsibility in order to reduce the amount they must pay. A skilled attorney can carefully investigate the accident, collect evidence, and argue against unfair attempts to assign you more blame than is accurate. This includes reviewing police reports, medical records, witness statements, and sometimes even accident reconstruction to ensure the facts of your case are accurately represented.