What Happens If You’re Partially at Fault for an Accident in Texas?
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After a car accident in McAllen, Edinburg, or anywhere in the Rio Grande Valley, many drivers worry about one thing: What if I was partially at fault?
The good news is that being partially responsible for an accident in Texas does not automatically prevent you from recovering compensation. However, it can affect how much you are able to receive.
Understanding how fault works in Texas can help you protect your rights and avoid accepting less than your claim may be worth.
Texas Follows Modified Comparative Fault
Texas uses a rule called modified comparative fault, also known as the 51% rule.
This means:
- You can recover damages if you are less than 51% at fault
- Your compensation is reduced by your percentage of fault
- If you are 51% or more at fault, you cannot recover damages
This rule applies to most personal injury cases, including car accidents.
How Partial Fault Affects Your Compensation
If you are partially at fault, your compensation will be reduced based on your share of responsibility.
For example:
- If your total damages are $20,000
- And you are found 20% at fault
- You may still recover $16,000
The higher your percentage of fault, the lower your compensation.
How Fault Is Determined
Fault in a car accident is not always obvious. Insurance companies, investigators, and sometimes courts evaluate several factors, including:
- Police reports
- Photos and videos from the scene
- Witness statements
- Traffic laws and violations
- Vehicle damage
- Expert analysis
In busy areas like I-2, I-69C, and intersections in McAllen and Edinburg, multiple factors often contribute to accidents, making fault more complex.
Common Situations Involving Shared Fault
Many accidents involve more than one responsible party.
Examples include:
- One driver speeding while another fails to yield
- Rear-end accidents involving sudden stops
- Lane changes without signaling combined with distracted driving
- Intersection collisions with unclear right-of-way
In these cases, both drivers may share responsibility.
Why Insurance Companies Focus on Fault
Insurance companies often try to assign as much fault as possible to you.
Why? Because the more fault you have, the less they have to pay.
They may:
- Question your actions before the accident
- Use your statements against you
- Interpret evidence in their favor
Even a small increase in your fault percentage can significantly reduce your compensation.
What to Do If You’re Being Blamed
If you believe you are being unfairly blamed for an accident, it’s important to take action.
You can:
- Gather additional evidence
- Review the police report carefully
- Obtain witness statements
- Document everything related to the accident
Strong evidence can help challenge an unfair fault determination.
How a Lawyer Can Help in Partial Fault Cases
Cases involving shared fault can be more complex than they appear.
A personal injury lawyer can:
- Investigate the accident thoroughly
- Challenge inaccurate fault assessments
- Work with experts if needed
- Negotiate with insurance companies
- Help maximize your compensation
Even a small reduction in your fault percentage can make a significant financial difference.
Partial Fault Accidents in the Rio Grande Valley
In high-traffic areas like McAllen, Edinburg, and throughout the Rio Grande Valley, accidents often involve multiple vehicles, fast-moving traffic, and crowded intersections.
This makes shared fault situations more common than many people realize.
Understanding how Texas law applies to your case can help you make better decisions after an accident.
Injured in an Accident? Brasure Law Firm Can Help
If you were involved in a car accident in McAllen, Edinburg, or anywhere in the Rio Grande Valley and believe you may be partially at fault, you still have options.
At Brasure Law Firm, we help accident victims understand their rights and work to reduce unfair fault assessments while pursuing the compensation they deserve.
Contact Brasure Law Firm today to learn how we can help with your case.
