Can You Recover Compensation if You Were Partly at Fault for an Accident?
You can recover compensation in Texas if you are 50% or less responsible for your injury. Texas reduces your compensation by your percentage of fault, but if you are more than 50% responsible, you cannot recover compensation.
If you were partly at fault for an accident in Killeen, you can still have a personal injury claim due to the state’s comparative fault rule. Texas reduces your compensation based on your share of blame, but an insurance company doesn’t get the final say on that percentage. The evidence determines how fault is divided.
A Killeen personal injury lawyer can challenge an unfair fault argument and explain how your percentage of responsibility could affect your compensation.
Key Takeaways for Comparative Fault in Killeen, Texas
- You may still be able to get compensation in a Texas personal injury claim if you were partly at fault.
- If you’re more than 50% responsible, you can’t get compensation.
- Comparative fault applies to car crashes, slip-and-fall accidents, dog bites, and other injury claims.
- Texas can assign some responsibility to people who were not sued.
- An insurance adjuster can blame you, but your lawyer can challenge their findings.
What Is Comparative Negligence in Texas?
Officially known as proportionate responsibility, comparative negligence is the rule Texas uses when more than one person shares fault for an injury. You can still receive compensation if you are 50% or less responsible, but Texas reduces your compensation by your percentage of fault. If you’re more than 50% responsible, you can’t receive compensation.
What Types of Injury Claims Involve Comparative Fault?
Comparative fault can affect almost any Texas personal injury claim when more than one person may have contributed to what happened. The specific fault arguments change with the accident, so insurers may point to very different conduct in a car crash, slip and fall, dog bite, or pedestrian case.
Examples include:
- Slip and Fall Accidents: A property owner may argue you ignored a warning sign, were looking at your phone, or failed to notice the hazard.
- Dog Bites: The owner may argue that you provoked the dog or approached it after being warned.
- Pedestrian and Bicycle Accidents: A driver may argue that you crossed outside a crosswalk or were difficult to see.
- Car Accidents: The other driver may point to your speed, a rolling stop, or another action that allegedly contributed to the collision.
Why Insurance Companies Try to Shift Fault
Insurance companies often try to increase your share of fault because every percentage point can reduce what they have to pay. The argument usually depends on the type of accident. In a car crash, the insurer may point to speed, braking, or lane position.
In a slip and fall, it may argue that you ignored a warning or failed to notice an obvious hazard. In a dog bite claim, it may claim you provoked the animal. Those arguments are not automatically correct. The evidence can show whether the insurer is placing too much blame on you.
What Evidence Can Affect Your Percentage of Fault?
Evidence showing how the accident happened can change how responsibility is divided.
Depending on the type of claim, useful evidence can include:
- Photos and Video: Images of the accident scene, property hazard, vehicle damage, or collision can show what happened.
- Witness Statements: Independent witnesses can help when the people involved disagree about who caused the accident.
- Vehicle Data: In a crash claim, vehicle data can provide information about speed, braking, and other activity before impact.
- Accident Records: Police reports and other records can provide details that help your lawyer investigate how the accident happened.
Medical records connect your injuries to the accident and help address disputes about what caused them. While Texas usually allows victims two years to file a lawsuit, waiting can let crucial evidence slip away.
FAQ for Comparative Fault in Texas
How Does the 51% Bar Work in Texas?
Texas reduces your compensation by your percentage of responsibility as long as you’re 50% or less at fault. If you’re more than 50% responsible, you can’t recover compensation at all.
Does Proportionate Responsibility Apply to Slip and Fall Claims in Texas?
In Texas, proportionate responsibility applies to premises liability claims as well. Property owners in Killeen can argue that an injured visitor was inattentive or ignored a warning, and a jury can consider those arguments when assigning responsibility.
What Factors Influence Fault in a Killeen Personal Injury Case?
Fault can turn on small details about how the accident happened. Photos, videos, witness statements, traffic rules, warning signs, and what each person did before the injury can all affect how responsibility is divided.
How Do Insurance Companies Decide My Percentage of Fault?
Adjusters weigh the accident or incident report, physical evidence, any statements made, witness accounts, and their assessment of how a jury would view it. The figure is an internal negotiating position rather than a legal determination, and it can change when additional evidence becomes available.
If I Already Told Someone the Accident Was My Fault, Is My Claim Over?
An early admission is evidence that an insurer can use, but it doesn’t control the outcome. Other evidence can show that another person also contributed to the accident.
Get Help With a Disputed-Fault Claim in Killeen
An insurance company can blame you for the accident without getting the fault percentage right. Lorenz & Lorenz can review the evidence and challenge attempts to place more responsibility on you than the facts support.
Ready to discuss your Killeen injury claim? Call (512) 477-7333 today for a free consultation, or fill out our online form to get started.
This article provides general information about Texas law and is not legal advice. Outcomes depend on the specific facts of each case.