Driving Under The Influence

You can still recover damages even if you were partially at fault for the car accident under Texas’s modified comparative negligence law (also called proportionate responsibility). Texas follows a 51% bar rule, meaning you can recover compensation as long as you’re less than 51% responsible for the accident. Your compensation is reduced by your percentage of fault.

How comparative negligence works in practice:

Example 1: You’re making a left turn at an intersection and the other driver runs a red light and hits you. However, you turned slightly before the light turned green. A jury determines you’re 20% at fault and the other driver is 80% at fault. Your total damages are $100,000. You can recover $80,000 (your damages minus your 20% fault).

Example 2: You’re texting while driving and drift into the next lane, causing a sideswipe collision. However, the other driver was speeding significantly over the limit. A jury finds you 55% at fault. Because you’re more than 51% responsible, you cannot recover any compensation under Texas law, even though the other driver was also negligent.

Example 3: You’re rear-ended while stopped at a red light, but your brake lights weren’t working. You’re found 10% at fault for not maintaining your vehicle. If your damages are $50,000, you can recover $45,000.

How insurance companies exploit comparative negligence:

Insurance adjusters routinely try to shift blame to accident victims to reduce payouts. Common tactics include:

• Claiming you were speeding without evidence
• Alleging distracted driving based on phone records showing you received a call (even if you didn’t answer)
• Arguing you could have avoided the accident by braking sooner or swerving
• Pointing to any traffic violation regardless of whether it contributed to the crash
• Highlighting any delay in seeking medical treatment as proof injuries weren’t serious

How we protect you against comparative negligence defenses:

Our attorneys aggressively counter fault-shifting tactics by:

• Gathering strong evidence early: Police reports, witness statements, traffic camera footage, and accident reconstruction analysis that clearly establish the other driver’s negligence
• Documenting traffic violations: Citations issued to the other driver, their history of traffic violations, and evidence of impairment or distraction
• Expert testimony: Accident reconstruction experts who testify about vehicle speeds, impact angles, braking distances, and reaction times to demonstrate the other driver could have prevented the accident
• Challenging bad faith arguments: When insurance companies make unfounded comparative negligence claims, we push back with evidence and prepare for trial if necessary

When comparative negligence commonly applies:

• Left-turn accidents: Turning drivers are often assigned partial fault even when they had a green light
• Lane change collisions: Both drivers may share responsibility depending on who failed to check blind spots
• Parking lot accidents: Determining fault in parking lots is complex, often resulting in shared liability
• Intersection crashes: When both drivers claim they had the right of way
• Rear-end collisions with sudden stops: The rear driver is usually at fault, but sudden, unnecessary braking may create shared liability

The determination of fault percentages is ultimately decided by a jury if your case goes to trial, or negotiated during settlement discussions. Our experience with Harris County juries and local insurance adjusters helps us accurately predict fault allocation and negotiate maximum compensation even when you bear partial responsibility. Don’t let partial fault discourage you from pursuing compensation—contact us at (832) 476-3209 for a free evaluation of your case.