How Comparative Fault Affects Texas Injury Claims
Comparative fault (also known as comparative negligence) is a legal rule that divides blame in an accident, splitting responsibility in percentages. If an injured party has contributed to the accident, their compensation will be reduced according to the percentage of the fault.
In Texas, to receive compensation in an injury claim, the percentage of the claimant’s fault must be under 51%.
Here’s what you need to know about how comparative fault affects injury claims in Texas.
How Fault Percentages Are Determined in Injury Claims in Texas
Determining liability is the most important part of an injury claim. Insurance companies start the investigation as soon as possible to determine how the accident happened – and who contributed to it happening.
In this process, they review
- Police and accident reports,
- witness testimony,
- photos and videos from the scene of the accident (including traffic cameras and dashcam footage),
- any physical evidence such as vehicle and property damage,
- statements by parties involved,
- and expert opinions, which may include accident reconstruction and analysis.
In a lot of cases, the accident may be caused by more than one person. For example, a traffic accident may involve multiple drivers. Or, a construction accident may be the result of negligence on the part of the contractor, equipment manufacturer, and property owner.
Under Texas law, proportional responsibility is shared by all the parties involved. A percentage of the fault will be assigned to each one – totaling 100%. As every injury claim situation is different, there is no one formula to determine the specific percentage. Insurance companies make the judgment based on the evidence they have available. If a lawsuit is filed, the final decision is made by the judge or jury.
What The 51% Bar Rule Means in Texas Injury Claims
In Texas, the comparative fault system is modified. It is called the 51% responsibility rule.
According to this rule, an injured person will only be compensated if their responsibility in causing the accident is evaluated at 50% or less. If they are 51% or more at fault, they won’t receive any damages from the other party.
If the claimant is eligible for compensation, the compensation amount will be reduced according to how much they are at fault. For example, if they are initially awarded $50,000 in damages, but are found 20% liable for the accident, the amount will be reduced by 20%, and they will instead receive $40,000 in compensation.
Even a small change in responsibility allocation can have a substantial financial impact. This is why evidence plays a central role in personal injury cases.
If the insurance company insists that the injured person shares responsibility for the accident, intending to reduce damages, the best course of action is to consult a qualified lawyer in Texas with experience in personal injury cases in this specific jurisdiction. For example, for those based in Sugar Land, seeking Sugar Land personal injury representation may be the best option to get legal guidance from an attorney familiar with local court procedures.
What Evidence Can Be Used to Challenge Blame-Shifting by Insurers
Comparative fault allows the insurer to argue that the injured party shares some responsibility in the accident – and may thus be awarded reduced compensation. Available evidence becomes a deciding factor here. The more objective the evidence is, the more difficult it will be for the insurance company to misplace blame.
Photos and videos from the scene of the accident are strong evidence. They can show the conditions under which the accident occurred, property damage, visible injuries, and more. These can be photos and videos taken by witnesses, data from traffic and surveillance cameras, dashcam footage, etc. It’s important to collect this evidence as soon as possible to avoid it being destroyed, compromised, or overwritten.
Witness statements are very useful as they offer independent accounts of what happened. People who observed the accident may be able to confirm who violated a traffic law or behaved in a reckless or negligent manner. However, memories tend to fade over time – and it’s important to get contact information and note down testimony quickly after the accident
Medical records can prove that injuries were indeed the cause of a specific accident. The claimant needs to collect emergency room records, physician notes, and diagnostic imaging – and document the nature of their injuries in detail.
Official reports (police reports, incident reports, etc.) help establish the facts of the event. They may not determine fault precisely, but they document key findings: the circumstances of the incident, identities of the parties involved, witness statements, traffic citations, etc.
A comprehensive collection of objective evidence paired with proper legal advocacy is usually the most important directive way to protect the right to fair compensation.
