If you’ve been involved in a car accident, determining who was at fault is a crucial part of recovering compensation for your injuries. But what happens if both drivers share some responsibility for the crash? In Texas, the legal principle of comparative negligence can significantly affect your ability to file a claim and how much compensation you may receive.
At the Law Offices of Bill J. Stovall, we help accident victims navigate the complexities of car accident claims, especially when fault is shared. This article explains how comparative negligence works in Texas and what it means for your personal injury case.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine that assigns fault proportionally when more than one party is responsible for an accident. Instead of placing 100% of the blame on one individual, the law examines how much each person contributed to the incident.
Texas follows a system known as modified comparative negligence (also referred to as the “51% rule”). This means:
- You’re eligible to recover compensation only when your share of fault is 50% or less.
- Your compensation will be adjusted downward in proportion to the level of fault attributed to you.
✅ Example:
Here’s how comparative negligence works in practice: If you’re awarded $100,000 in damages but are found to be 20% at fault for the accident, your compensation would be reduced by 20%, leaving you with $80,000. However, under Texas law, if you’re deemed 51% or more at fault, you’re barred from receiving any compensation at all.
How Is Fault Determined in a Car Accident?
Establishing who is at fault in a car accident requires reviewing:
- Police reports
- Witness statements
- Traffic camera footage
- Vehicle damage and accident reconstruction
- Driver behavior (e.g., speeding, distracted driving)
Insurance adjusters and attorneys will review this evidence to assess liability. In some cases, multiple parties may be found partially responsible, including drivers, vehicle owners, or even government entities for road conditions.
Why Comparative Negligence Matters in Your Claim
The more fault assigned to you, the less compensation you’re entitled to receive. Insurance companies often try to shift blame onto the injured party to minimize their financial responsibility. That’s why it’s important to have a knowledgeable attorney who can challenge those claims and fight for the full amount you deserve.
At the Law Offices of Bill J. Stovall, we:
- Investigate the accident thoroughly
- Collect and preserve crucial evidence
- Work with experts to reconstruct the scene if needed
- Push back against unfair blame from insurance companies
Common Scenarios Involving Shared Fault
Here are a few examples of situations where comparative negligence might apply:
🔹 Rear-End Collisions
The rear driver is typically at fault, but if the front driver suddenly stopped without warning or had malfunctioning brake lights, partial blame could be assigned.
🔹 Left-Turn Accidents
A driver turning left may be presumed at fault, but if the oncoming driver was speeding or ran a red light, they could share in the liability.
🔹 Distracted Driving
If both drivers were distracted (e.g., using a phone or adjusting the radio), fault could be split based on each driver’s level of inattention.
How an Attorney Can Help with Comparative Negligence Claims
Successfully navigating a car accident claim that involves comparative negligence requires experience and legal strategy. At the Law Offices of Bill J. Stovall, we’re prepared to:
- Dispute exaggerated fault claims against you
- Calculate a fair estimate of your losses
- Negotiate aggressively with insurance adjusters
- Take your case to trial if needed
Our goal is to minimize your share of fault and maximize your financial recovery.
Injured in a Car Accident? Let Us Help.
If you’ve been injured in a Texas car accident and are being blamed in part for the crash, don’t give up your right to compensation. Let an experienced attorney evaluate your case and explain how comparative negligence laws apply to your situation.
📞 Contact the Law Offices of Bill J. Stovall today for a free consultation. We’ll help you understand your rights and fight for the justice you deserve.
