Can I Recover Compensation For a Car Accident If I Was Partially at Fault?
If you were involved in a car accident in Texas and believe you were partially at fault, you may still be eligible to recover compensation for your injuries and damages.
Texas’s Modified Comparative Fault Rule
Texas operates under a modified comparative fault system, specifically following the 51% bar rule (Texas Civil Practice and Remedies Code §33.001). Under this rule:
- You can recover compensation as long as you are 50% or less at fault for the accident.
- If you are 51% or more at fault, you cannot recover any compensation from the other party.
- If you are partially at fault but less than 51%, your compensation will be reduced by your percentage of fault.
For example, if you were found to be 20% at fault in an accident and your total damages were $100,000, your compensation would be reduced by 20%, meaning you would receive $80,000 instead of the full amount.
How Fault is Determined in a Texas Car Accident
Determining fault in a Texas car accident depends on several factors, including:
Police Reports
Officers at the scene assess the situation and may assign fault based on their findings.
Eyewitness Testimony
Statements from third-party witnesses can help establish who was responsible.
Traffic Camera or Dashcam Footage
Video evidence can provide a clear picture of how the accident occurred.
Accident Reconstruction Experts
In complex cases, experts may analyze the crash scene, vehicle damage, and other factors to determine fault.
Insurance Company Investigations
Both your insurance provider and the other driver’s insurance company will conduct independent investigations to assign fault percentages.
If the insurance company assigns you a higher percentage of fault than you believe is accurate, a car accident attorney can help challenge their determination.
Types of Compensation You Can Recover
As long as you are 50% or less responsible for the accident, you may still recover damages, including:
- Medical Expenses: Coverage for hospital bills, surgeries, rehabilitation, and ongoing treatments.
- Lost Wages: Compensation for income lost due to missed work during recovery.
- Property Damage: Repair or replacement costs for your vehicle and personal belongings.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Loss of Earning Capacity: If your injuries impact your ability to work in the future, you may be entitled to compensation for diminished earning potential.
How to Strengthen Your Claim if You Are Partially at Fault
If you believe you may share some fault in the accident, there are steps you can take to strengthen your claim and maximize your potential compensation:
-
Do Not Admit Fault
Even if you think you contributed to the accident, avoid making any statements that admit guilt. Fault determination should be left to investigators and legal professionals.
-
Seek Medical Attention Immediately
A medical report linking your injuries to the accident is crucial for your injury claim.
-
Gather Evidence at the Scene
Take photos of the accident site, vehicle damage, and any relevant road conditions.
-
Obtain Witness Statements
If there were witnesses, get their contact information and ask them to provide statements.
-
Consult an Attorney
A Waco car crash lawyer can help challenge an unfair fault percentage assigned by an insurance company and negotiate for a fair settlement.