Can I Still File a Claim If I Was Partially at Fault for My Accident in Texas?

The moments following an accident on a busy Texas highway or a crowded South Texas intersection can feel confusing and overwhelming. You are hurt, your life is disrupted, and you may wonder, What if I was partly to blame?

This fear is common. It often begins with an insurance adjuster on the phone, trying to suggest you share responsibility for the crash. They want you to believe that any degree of fault means you cannot recover damages. That is simply not true under Texas law.

Being partially at fault does not automatically bar you from seeking compensation for your injuries in Texas. However, the law governing this situation, modified comparative negligence or proportionate responsibility, is complex. It is a minefield where a single percentage point can mean the difference between getting the financial help you need or walking away with nothing.

Understanding this legal framework is the first step in protecting your claim. As a hardworking attorney who approaches every case with care and confidence, I fight to protect your rights.

The Texas Law on Shared Fault: Proportionate Responsibility

Texas follows a specific legal rule for personal injury cases where multiple parties share fault. This system is officially called Proportionate Responsibility and is codified in Chapter 33 of the Texas Civil Practice and Remedies Code. The simpler, more common name for this framework is Modified Comparative Negligence.

This system allows you, the injured party (the claimant), to recover damages even if you contributed to the accident, as long as your level of fault does not cross a critical line.

The Critical 51% Bar Rule

Here is the essential rule every potential client in Texas needs to know: A claimant may not recover damages if their percentage of responsibility is greater than 50 percent.

This is often called the 51% Bar Rule. If a jury or a claims adjuster finds you are 51% or more at fault for the crash, you recover zero damages. You are completely barred from compensation.

If you are found to be 50% or less at fault, you can still recover, but your total award will be reduced proportionally to your share of the blame.

How Shared Responsibility Reduces Your Compensation

The term “proportionate responsibility” means precisely what it sounds like: your final compensation is reduced in proportion to the percentage of fault assigned to you.

Imagine a straightforward car accident case. A driver runs a stop sign on a residential street in McAllen, causing a collision with your vehicle. Your total losses, medical bills, lost wages, and pain and suffering equal $100,000.

However, the opposing side argues that you were slightly speeding at the time of the crash, and they successfully convince the jury you were 20% at fault.

Under Texas law, your total damages would be reduced by 20%.

Calculation: $100,000 (Total Damages) – 20% (Your Fault) = **$80,000** (Your Recoverable Damages).

The impact is immediate and significant. With every percentage point of fault, the defense can shift onto you, which means less money in your pocket and more money staying with the insurance company. If that 20% blame somehow got bumped to 51%? Your recovery would be $0. The fight over fault is the most intense part of a personal injury case in Texas. The Law Office of Lino H. Ochoa can help you understand these complex and detail-specific elements of the law.  

The Insurance Company’s Strategy: The Blame Game

Insurance companies are not in the business of paying out full compensation. Their business model relies on limiting their liability. In a modified comparative negligence state like Texas, they have a powerful tool to do this: the blame game.

If an adjuster can push your percentage of fault from 40% to 51%, they eliminate their client’s financial obligation. They save millions of dollars every year through this tactic.

Do not be fooled by a friendly voice on the phone. The insurance adjuster is trained to gather information, look for inconsistencies, and twist your words to build a case that maximizes your blame. They might:

• Argue minor infractions: Claim you were following too closely, speeding even slightly, or failed to take evasive action
• Misrepresent statements: Use an innocent remark like, “I should have seen them,” as a full admission of fault
• Downplay your evidence: Ignore witness testimony or physical evidence that points away from your fault

This is where you need a true professional, an extremely hands-on and involved attorney, to step in. You cannot go toe-to-toe with a multi-billion-dollar insurance corporation by yourself. You need someone strong fighting for you.

Building Your Case to Defeat Unfair Blame

The most important strategic objective in a shared-fault case in Texas is minimizing your assigned fault. This requires an exhaustive investigation and the collection of clear, undisputed evidence.

My approach is personal, hands-on, and starts immediately. We are not a firm that operates from a distance. We are on the ground, leaving no stone unturned in our relentless pursuit of the facts.

Key Evidence to Prove the Other Party’s Fault

To successfully file a claim, you must prove that the other party’s negligence was the primary cause of your injuries. This involves demonstrating the four elements of negligence: duty, breach, causation, and damages.

1. Duty: The defendant owed you a duty of care (e.g., all drivers owe a duty to follow traffic laws).
2. Breach: The defendant violated that duty (e.g., they ran a red light or were texting while driving).
3. Causation: The breach directly caused your injuries.
4. Damages: You suffered real losses (medical bills, lost wages, etc.).

We deploy an authoritative, high-effort strategy to secure every piece of evidence before it vanishes:

• Accident Reconstruction: Working with seasoned experts to analyze the scene, vehicle damage, skid marks, and speed
• Video and Photo Evidence: Securing traffic camera footage or nearby business security video, which can be the unimpeachable evidence that proves liability
• Witness Statements: Locating and interviewing every potential eyewitness to lock in their testimony
• Police Reports: While not the final word on fault, the detailed police report provides crucial data to build a stronger case

When an insurance company tries to argue you were 51% at fault, we counter with facts, physics, and irrefutable proof to drive your percentage of responsibility down to 50% or less, protecting your right to recover.

Time Limits for Filing Your Texas Personal Injury Claim

No matter how strong your case is, you face a critical deadline. In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury.

If you fail to file a lawsuit before this two-year period expires, you lose your right to recover compensation forever, regardless of the severity of your injuries or the clarity of the other party’s fault. Do not delay. Every moment you wait is time the opposition uses to build a case against you.

Your Path Forward: Consult with an Attorney

If you were injured in an accident anywhere in Texas, from a multi-car pileup on I-35 in Dallas to a serious collision on the rural highways outside Laredo, and you believe you may share some small amount of blame, do not let that fear keep you from seeking justice.

You can still file a claim, but the stakes are incredibly high. You need a powerful and knowledgeable attorney, a true superman who will not be outworked and apply that exceptional effort to protecting your future. You need someone personal and compassionate with you, but authoritative and uncompromising with the opposing side.

I pride myself on facing every challenge head-on. If you or a loved one are facing the blame game in a Texas personal injury case, do not hesitate. Call me directly at 956-707-3610 for a consultation. Let’s discuss your situation, cut through the insurance company’s tactics, and fight to ensure your recovery is not unfairly denied or reduced.