Understanding Fault and Responsibility After an Accident
When you’re involved in an accident, figuring out who was at fault can get complicated, especially if more than one person played a role. In Texas, the law uses a system called Comparative Fault (also known as “Proportionate Responsibility”) to sort this out.
This system allows multiple parties to share legal responsibility, and it directly affects how much compensation you may receive in a personal injury case
What Is Comparative Fault?
Comparative Fault is a legal rule that divides responsibility for an accident among the people involved. If more than one person is at fault, each party is assigned a percentage of the blame, and any compensation is adjusted accordingly.
Here’s how it works in Texas:
- If you are found to be less than 51% at fault, you can still recover damages — but your compensation will be reduced by your percentage of fault.
- If you are 51% or more at fault, you cannot recover any compensation, even if you’re seriously injured.
Example: If you were awarded $100,000 in damages but were found to be 30% at fault, you would only receive $70,000.
Why Comparative Fault Matters
The way fault is assigned can make or break your case. Insurance companies will often try to shift blame — even partially — to lower their payout. That’s why it’s essential to build a strong case backed by evidence like:
- Police reports
- Eyewitness testimony
- Surveillance footage
- Medical records
- Accident reconstruction experts
At Houston Injury Lawyers, we work to minimize your assigned fault while holding the other party fully accountable.
Common Situations Where Comparative Fault Comes Into Play
- Car Accidents: Two drivers may have made errors — for example, one was speeding while the other failed to yield.
- Slip and Fall Accidents: A property owner may be at fault, but they might argue you weren’t paying attention.
- Worksite Injuries: Responsibility might be split between contractors, property owners, or third parties.
Each case requires careful legal analysis to determine fault fairly.
How We Help You Navigate Comparative Fault
At Houston Injury Lawyers, PLLC, we take a strategic and aggressive approach to building your case. We:
- Investigate the incident thoroughly
- Collect and preserve key evidence
- Work with expert witnesses to establish liability
- Push back against any unfair blame
- Fight for the maximum compensation you deserve
Don’t Let Fault Keep You From Getting Justice
Comparative Fault laws in Texas can be complex, but they don’t have to stop you from getting the help you need.
If you’ve been injured in an accident and aren’t sure who’s to blame (or if someone’s trying to blame you), let our experienced legal team take a look. The consultation is free, and we only get paid if you win.
Contact Houston Injury Lawyers Today
Your case deserves to be heard. Call us at (713) 366-HURT (4878) or contact us online to schedule your free case evaluation today.
