Comparative Fault and What It Means For Your Personal Injury Claim
When someone gets hurt due to another person’s negligence, they may assume the other party is entirely responsible for their injuries. But in many cases, both parties share some level of fault. Texas follows a legal principle called comparative fault, which can directly impact how much compensation an injured person can recover.
As Texas personal injury lawyers, we help clients understand how comparative fault works and what it means for their claims.
What Is Comparative Fault?
Comparative fault—sometimes called proportionate responsibility in Texas—affects how damages are awarded in personal injury cases. If an injured person is partially responsible for their own injuries, their compensation may be reduced based on their percentage of fault.
Texas follows a modified comparative fault rule with a 51% bar rule. This means that as long as you’re not more than 50% at fault for the accident, you can still recover damages. However, your total compensation will be reduced by your percentage of fault. If you’ve found 51% or more at fault, you won’t be able to recover any compensation.
How Comparative Fault Works in a Personal Injury Case
When someone files a personal injury claim in Texas, the other party may argue that the injured person contributed to the accident. Insurance companies and defense attorneys often use comparative fault as a strategy to reduce the amount of compensation they have to pay.
For example, if a driver gets hit by someone running a red light but was also speeding at the time, the court may determine that the injured driver is 20% responsible for the accident. If their total damages amount to $100,000, their compensation would be reduced by 20%, leaving them with $80,000.
However, if the injured person is found to be 51% or more at fault, they cannot recover any compensation under Texas law. This rule makes it crucial to build a strong case that accurately represents the degree of fault for each party involved.
Proving Fault in a Texas Personal Injury Claim
Determining fault in a personal injury case requires gathering evidence and presenting a compelling argument. As personal injury lawyers, we work with our clients to establish liability using various forms of evidence, such as:
Accident reports: Police reports and official documentation can provide an objective account of what happened.
Witness statements: Testimonies from those who saw the accident can support claims about how the event occurred.
Surveillance footage: Video evidence from traffic cameras, security cameras, or dashcams can help clarify liability.
Expert testimony: Medical experts, accident reconstruction specialists, and other professionals can provide insights into how the accident happened and who was at fault.
Medical records: Detailed documentation of injuries and treatments can help demonstrate the extent of harm caused by the accident.
The goal is to present a clear picture of the events leading up to the accident and minimize any claims that our clients were responsible for.
Common Scenarios Where Comparative Fault Applies
Comparative fault can come into play in many different types of personal injury cases. Here are some common examples:
Car Accidents
Car accidents often involve multiple factors that contribute to a crash. A driver may have been hit by someone texting while driving, but if they were also speeding or failed to use a turn signal, they might be assigned partial fault.
Slip and Fall Accidents
In premises liability cases, property owners are responsible for maintaining safe conditions. However, if an injured person ignored warning signs or was distracted when they fell, the property owner may argue that the injured person shares some responsibility.
Workplace Injuries
Employees injured on the job may face comparative fault arguments if their employer claims they didn’t follow safety protocols or used equipment improperly.
Product Liability Cases
Manufacturers can be held liable for defective products, but if an injured person misused the product in a way that contributed to their injuries, their compensation could be reduced.
How Comparative Fault Affects Settlement Negotiations
Insurance companies often try to use comparative fault to lower settlement offers. They may argue that the injured person bears more responsibility than they actually do, hoping to reduce the payout. This is why it’s important to have a personal injury lawyer who understands how to counter these tactics.
When negotiating a settlement, we push back against unfair fault assessments by presenting strong evidence and challenging weak arguments from the other side. We work to secure the best possible outcome for our clients, whether through settlement negotiations or taking the case to court if needed.
What to Do After an Accident to Protect Your Claim
If you’ve been injured, taking the right steps early on can protect your claim from comparative fault arguments. Here’s what we recommend:
Seek medical attention immediately: Delaying medical care can give the insurance company an excuse to argue that your injuries aren’t serious or weren’t caused by the accident.
Document everything: Take photos of the scene, your injuries, and any property damage. Keep copies of medical records, police reports, and correspondence with insurance companies.
Don’t admit fault: Even saying “I’m sorry” can be twisted into an admission of guilt. Stick to the facts when discussing the accident.
Be careful when talking to insurance adjusters: They may try to get you to say something that can be used against you. It’s best to let your personal injury lawyer handle these conversations.
Consult a personal injury lawyer: The sooner you get legal help, the better protected your claim will be.
Frequently Asked Questions
Can I Still File a Claim if I Was Partially at Fault?
Yes, as long as you're not more than 50% at fault for the accident. Your compensation will be reduced based on your percentage of fault.
How Is Fault Determined in a Personal Injury Case?
Fault is determined by examining evidence such as police reports, witness statements, video footage, and expert testimony. A personal injury lawyer can help build a strong case to establish liability.
Will My Insurance Rates Go Up if I’m Found Partially at Fault?
It depends on your insurance provider and the circumstances of the accident. If you're found partially responsible, your insurer may adjust your rates, but every case is different.
What if the Other Party Falsely Claims I Was at Fault?
If the other party tries to shift blame, strong evidence and legal representation can help counter their claims. A personal injury lawyer can challenge false accusations and work to protect your right to compensation.
How Long Do I Have to File a Personal Injury Claim in Texas?
In Texas, the statute of limitations for most personal injury claims is two years from the date of the accident. Waiting too long to file could result in losing the right to seek compensation.
Reach Out Today
A personal injury lawyer can make a significant difference in handling comparative fault arguments and fighting for compensation.
If you or a loved one has been injured, don’t let insurance companies unfairly reduce your claim. Tormey & McConnell serves clients in Amarillo, Texas; Canyon, Texas; Dumas, Texas; Pampa, Texas; Hereford, Texas; Childress, Texas; and Borger, Texas. Contact us today.