top of page
  • Writer's pictureRobert Schuerger

What If My Personal Injury Was Partially My Fault? | Texas Law in 2024

Personal injury cases involve many different factors to determine who's at fault. Unfortunately, not all car accidents are straightforward, so the process of talking to an insurance company and recovering damages could become harder.

In some cases, the victim is partially responsible for what happened. While they could still have a chance of earning compensation, there are a few comparative negligence laws to evaluate.

"What if my personal injury was partially my fault?" Texas has a few rules to consider. Those wanting to recover damages through a personal injury lawsuit will find all the information they need on this page.

Can Someone Recover Compensation Even If They Were Partially At Fault for the Accident?

Can Someone Recover Compensation Even If They Were Partially At Fault for the Accident?

The short answer is yes, although there's a small detail to consider. Texas law only allows victims of an auto accident to recover damages if they're less than 50% at fault for it.

It wouldn't be fair for the other driver to pay for an accident that was mostly caused by the victim. Accident victims who want fair compensation must talk to an attorney to determine if they have a solid case.

Something important to consider is that drivers in Texas are required to carry liability insurance. This policy pays for damages caused to other people after a crash.

In other words, all drivers in Texas are responsible for paying for any accidents they cause. Sometimes, though, the insurance coverage may not be enough to cover serious injuries, and that's when the lawsuit comes in.

According to the Texas Department of Insurance, motorists should carry the following coverage:

  • $25,000 to cover damages to another vehicle

  • $30,000 to cover a person's medical bills

  • $60,000 to cover two or more people's medical bills

About Proportionate Responsibility in Texas

Texas works with a "proportionate responsibility" law. It states that everyone involved in an accident is responsible for their "share of fault." Other states call this "modified comparative fault."

Those who are over 50% at fault for an accident won't be able to seek compensation.

Unfortunately, determining fault isn't easy. Usually, the insurance adjuster is responsible for getting this process done.

The adjuster will assign fault depending on different "details" that contributed to a case. If the victim was on their cell phone while driving, for example, they may get 10% of the fault while the other driver gets the rest.

Most of the time, the process to prove fault is long and tedious, so victims should talk to a professional attorney to assess all the factors that contributed to the accident.

How Does Someone Determine Fault in a Personal Injury Claim?

All motorists in Texas are required to act with a "reasonable degree of care." Those who fail to do it will be liable for the accident, as long as said event caused injuries to another person.

With that being said, some factors that help determine fault include:

  • Police reports

  • Security footage from nearby places

  • Witness testimonies

  • Photos and videos of the damages

The more evidence there's available, the easier it'll be for the victim to build a solid case that earns them the compensation they deserve.

Those who don't have enough evidence will have a hard time proving they weren't at fault for the accident, which can lead to lower compensation amounts.

Why Working with Personal Injury Lawyers Is the Best Option to Recover Compensation

Why Working with Personal Injury Lawyers Is the Best Option to Recover Compensation

Having contributed in some way to an accident doesn't mean there's no hope for the victim. Usually, the victim may still be able to file a lawsuit with the help of a lawyer. They also have more insight to the catastrophic injury legal definition.

There are many reasons why an injured person would want to file a lawsuit, including:

  • The other driver didn't have enough insurance (or didn't have insurance at all).

  • The insurance policy doesn't cover all damages.

  • The injuries are too severe.

In most cases, the best personal injury attorneys in Dallas can help build a case in a way that guarantees the most compensation possible.

Many insurance companies use the victim's lack of knowledge in their favor. Since these companies' goal is to save money, they'll try to make the victim agree to a lowball offer, especially if they were partially at fault for what happened.

However, there's no way to know for sure how much someone can get from an accident until they talk to a professional. Personal injury lawyers consider all the evidence gathered, the circumstances surrounding the accident, and the other party's willingness to cooperate when filing a claim.

Car accidents are already too overwhelming for everyone involved. Adding the stress of a legal case will only make things worse. Some victims don't want to deal with such a tedious process, so they settle for a lower settlement amount.

All victims deserve to get compensated for what happened, as long as they weren't mostly at fault for the accident. Anyone who feels that their accident was caused by another person's negligence should seek help immediately.

Once the victim calls an attorney, they will determine fault right away. These professionals have experience figuring out who contributed the most to an accident, especially if they have plenty of evidence to work with.

Furthermore, an attorney will tell the victim right away whether it's worth it to file a case. Most of the time, victims will benefit from filing a claim. With the help of an attorney, the process will become much more manageable. Schuerger Shunnarah Trial Attorneys is able to help with questions such as can I hire a personal injury lawyer from another state?

Bottom Line

A car accident is often devastating for everyone involved, especially if it involves multiple parties. Having partial fault won't eliminate the victim's chances of recovering compensation, but it will affect them.

In these cases, seeking a free consultation with an attorney is the best way to evaluate a case and determine how much the victim can earn with it, even if they were partially at fault.

At Schuerger Shunnarah Trial Attorneys, there's a legal team ready to "go to war" for their clients. Those interested can seek a free legal consultation today and find out whether filing a lawsuit is worth their time.


bottom of page