You may still recover damages after a Texas car accident if you were partly at fault. In a negligence claim covered by Texas’s proportionate responsibility law, your recovery is reduced by your share of responsibility if it is 50% or less. If your share exceeds 50%, the law bars recovery. When an insurer assigns you a percentage, ask what conduct it is relying on and what evidence supports that claim.
How does the Texas 51% rule work?
Texas calls this system proportionate responsibility. Under Texas Civil Practice and Remedies Code §§ 33.001 and 33.012, the cutoff is greater than 50%. The difference between exactly 50% and 51% can determine whether you can recover anything under the rule.
- 20% responsible: On $50,000 in proven damages, the percentage reduction leaves $40,000.
- 50% responsible: The same example leaves $25,000.
- 51% responsible: The rule bars recovery.
These figures illustrate the percentage calculation before any other applicable adjustments. A percentage discussed by an adjuster is the insurer’s position. In a lawsuit, the factfinder determines percentages based on the evidence under § 33.003.
What evidence affects how fault is assigned?
Texas law looks at conduct that caused or contributed to the harm. The factfinder may consider the claimant, defendants, people who settled, and properly designated responsible third parties when supported by sufficient evidence. That can matter if several cars were involved, or if a driver claims someone else forced them to change lanes.
Ask two questions about each allegation. What is the other side saying happened, and what record could show whether it happened? If an adjuster alleges you entered an intersection after the signal changed, footage showing both the signal and your vehicle is especially useful. If the dispute is over whether you were already established in a lane, footage showing the seconds before impact can matter more than a photo taken afterward.
How does shared fault work in a rear-end crash?
Texas Transportation Code § 545.062 requires drivers to leave enough distance to stop safely given traffic, speed, and road conditions. Following too closely can support an allegation against the rear driver. The sequence still matters. An abrupt lane change into a short gap, an initial impact from a third car, or evidence that a vehicle was pushed into the one ahead can change the analysis.
In a chain reaction, write down how many impacts you felt and in what order. Ask passengers and witnesses to describe what they observed separately. Photograph the front and rear damage to each vehicle if it is safe to do so. Photos can help identify contact points, while video and witness accounts can help establish when those contacts occurred.
What should you do if an insurer blames you?
- Ask for the reason in writing. Request the percentage, the specific conduct attributed to you, and the records the insurer relied on.
- Preserve original evidence. Export dashcam footage before it is overwritten and save an unedited copy. Ask nearby camera owners to preserve the relevant time window. Include the street, direction of travel, date, and approximate time.
- Compare the accounts. Read the police narrative, collect witness contacts, and keep the original photos. Mark discrepancies by time, location, and source so you can identify what still needs confirmation.
- Keep proof of your losses. Save medical records, bills, and records of missed work. A fault dispute and a dispute about the amount or cause of an injury can require different records.
Keep a dated copy of each claim submission and reply. If a lawsuit deadline is approaching, use DIG’s Texas crash filing deadline guide to identify which dates need checking. A Dallas car accident lawyer can evaluate the insurer’s position against the available evidence.
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