Shared Fault in Texas Car Accidents: How Comparative Negligence Works

Shared Fault in Texas Car Accidents

Texas uses a modified comparative fault system for car accident claims. This means more than one party can be found at fault, and your compensation is affected by your share of responsibility.

How Comparative Negligence Works

• If you are less than 51% at fault, you can recover damages.
• Your compensation is reduced by your percentage of fault.
• If you are 51% or more at fault, you cannot recover damages.

Example Scenario

If your damages total $100,000 and you are found 30% at fault, you can recover $70,000. If you are 55% at fault, you cannot recover compensation.

What to Do If Fault Is Disputed

• Gather evidence: photos, witness statements, police reports
• Don’t admit fault at the scene or to insurance adjusters
• Consult an attorney to protect your rights

Frequently Asked Questions

Can I recover damages if I was partly at fault for a car accident in Texas?

Yes, as long as you are less than 51% at fault. Your compensation will be reduced by your percentage of fault.

What should I do if fault is disputed?

Gather evidence, avoid admitting fault, and consult an attorney to protect your rights.