Car accidents can change people’s lives in Houston. After an accident, many people have many questions such as who was at fault and who pays to repair the damage. Texas law uses a system called comparative negligence in determining how blame and money are divided. The following guide will explain what comparative negligence is, how it may affect your case, and why you need a personal injury lawyer in Houston when fault is shared.
What Is Comparative Negligence?
Comparative negligence indeed means that more than one person can share the fault in an accident. The law recognizes that crashes take place because of several mistakes, not just one.In Texas, this system is called modified comparative negligence. It allows injured people to possibly recover money even when partially at fault. However, there is a limit. If you are found 51% or more at fault, then you cannot collect damages. If your fault is 50% or less, you can recover, but your payout will be reduced.
Example:
- You win a $100,000 claim.
- The court said you were 30 % at fault.
- You get $70,000 after the reduction.
This rule keeps things fair while still holding the careless drivers responsible.
How Texas Applies Comparative Negligence
Texas follows the 51% Bar Rule according to Texas Civil Practice & Remedies Code § 33.001, which guides insurance companies, lawyers, and courts in determining fault.
When an accident happens, investigators — insurers, too — study every detail down to traffic lights, skid marks, witnesses’ accounts, and camera footage. They assign each party a percentage of fault. The more faults you have, the less money you can collect.
Suppose two drivers collide at an intersection.
- Driver A was speeding.
- Driver B ran the red light.
The jury could find Driver A 40 % at fault and Driver B 60 %. Driver A could recover damages because fault is under 51%. Driver B could not. This method prevents a small mistake from voiding your right to compensation, while at the same time keeping reckless behavior in check.
Why Fault Percentage Matters
Your percentage of fault directly affects your payout. Insurance adjusters know this, and that is why they often try to shift the blame onto you. If they raise your fault to 51 % or higher, they do not have to pay you. Even a small increase can mean losing thousands of dollars. A good Houston personal injury attorney is familiar with these tactics. The lawyers make use of police reports, traffic data, witness statements, and medical records in refuting unfair fault claims. The task of your attorney is to lower your percentage and increase your recovery.
What to Do After a Car Accident
If you have been involved in an accident in Houston, protect your rights from the very start.
Follow these steps:
- Get medical care. Minor cuts and scrapes can become infected later.
- Call the police. A report helps prove your version of events.
- Collect evidence. Take photos of vehicles, road and traffic lights
- Obtain information about the witnesses. names and contact numbers.
- Do not admit liability. Say as little as possible at the scene.
- Report the crash to your insurer. Only report basic facts.
- Call a personal injury lawyer. to protect you from blame games.
Sometimes small details can make a big difference in a comparative negligence case, and a lawyer knows which ones help your side the most.
How a Houston Personal Injury Lawyer Helps
Engaging an attorney early enough can make or break your case. Here’s how they can help you under Texas comparative negligence:
- Investigate in-depth: They gather traffic camera footage, expert reports, and repair estimates.
- Insurers-handling them: They speak for you, so you don’t say anything that hurts your case.
- Negotiate settlements: They try to reach fair compensation within the proportion of your fault.
- Math explanation: They depict how your share of the blame changes your payout.
- Take your case to court if necessary: If the insurers refuse to pay, they take your case to court.
A good attorney will work to reduce your percentage of fault to as low as possible and still achieve the full value of your losses.
Examples of Shared Fault
Here are some common types of accidents involving shared fault:
1. Rear-End Collisions
If you hit someone from behind, you might think that it is automatically your fault. But if the driver ahead stopped suddenly for no reason, they share blame.
2. Left-Turn Crashes
The general view is that a turning driver is usually at fault. In instances when the other car is overspeeding or ran a yellow light, they too share some portion of fault.
3. Lane Change Accidents
Fault can be apportioned when two cars both pull into the same lane at the same time. Both drivers could be found partly careless.
4. Distracted Driving
If one driver was texting and the other ignored a stop sign, both could share fault under Texas law. These examples provide an indication of why each case is different, as fault is not always clear until all evidence is weighed.
Why You Should Never Admit Fault
Many people feel guilty after a crash and rush to apologize. Don’t. An apology can be used against you, even later, when you weren’t truly responsible. Instead, secure your safety and gather information. Let your attorney later do the talking, for it is always hard to retract once the blame has been accepted, and your compensation can drop fast.
How Comparative Negligence Affects Settlements
Most often, insurance companies avoid going to court and try to settle. However, it does depend on fault.
Example:
Your total damages are $50,000. The insurer claims you are 40 % at fault. They offer $30 000, which is a 40 percent discount. Your attorney may argue you were only 10 % at fault. That could increase your recovery to $45,000. This is where legal skill pays off.
The attorney will indicate why the carrier’s figure is not fair and use strong proof to shift fault back to the other driver.
Common Mistakes People Make
- Talking too much to insurers. They record every word to use against you.
- Posting on social media. Photos or comments may hurt your claim.
- Delayed treatment. Insurance may say you weren’t really hurt.
- Skipping medical advice. Missed check-ups can lower your settlement.
- Not hiring a lawyer. Without one, insurers often will cut your payout.
Avoid these mistakes to ensure your claim remains strong.
When the Other Driver Denies Fault
Sometimes the other driver denies all blame or else lies about what happened. Their insurance may back them.
This is where legal support becomes important. Your attorney can:
- Recheck the police report.
- Find people who can witness your story.
- Analyze vehicle damage to establish direction of impact.
- If necessary, hire experts to recreate the crash.
Always, the goal is to show that your fault is less than 51% so that you can keep your right to compensation alive.
When You’re Hit by a Commercial Vehicle
The crashes with trucks or company cars often involve several parties-the driver, the employer, and sometimes a contractor. Each may share faults differently. Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys will help identify every liable party and make sure no one escapes responsibility. This can greatly improve your overall recovery.
Key Texas Law to Remember
Texas Civil Practice & Remedies Code § 33.001 reads as follows:
“A claimant may not recover damages if his percentage of responsibility is greater than 50 %.” Just one sentence controls how a car accident case is determined in court, and knowing that helps you understand why fault percentages matter so.
Why Evidence Wins Comparative Negligence Cases
Evidence is everything.
Photos, witness statements, and expert reports are worth more than opinions.
After an accident, take clear photos of:
- Traffic signs and signals.
- Tire marks.
- Damage to all the vehicles.
- Weather or lighting conditions.
The stronger the evidence, the less fault will likely be assessed against you; a lawyer can help you understand what information is most important.
Final Words
A grasp of comparative negligence will assist you to protect your rights after a Houston car accident. You can still recover money even if you are at fault for a part of the accident. Don’t let an insurance company or another driver determine your fault. Contact a Houston car accident lawyer who will fight the unfairness of your claim and obtain what rightfully belongs to you.
FAQs
Q1. What is comparative negligence in Texas?
This means that a measure is made of the fault of each person’s negligence and that it is put in percentage form, in this way if your fault is found to be 50% or less, you may recover damages.
Q2. If I am partly guilty could I recover damages?
Yes. You may recover money but the amount of your money damages will be reduced by the % of your guilty finding.
Q3: What if I am found to be 51% or more guilty?
You may not recover any money for damages from the other driver under Texas law.
Q4. How can a Houston personal injury lawyer help me?
By obtaining evidence, fighting the insurance company, and seeking to lessen your guilty percentage whereby you may recover more money damages.
Q5. Immediately after an automobile accident what should I do?
Get medical attention, call the police, obtain evidence, do not say anything as to the reason for the accident or of any fault, and get in touch with a lawyer at once.
