Partial fault won’t bar you from recovering damages after a crash

On Behalf of | Jan 28, 2025 | Car accidents

You might think you are not entitled to compensation after an accident you contributed to in Texas. However, being partially to blame for a crash doesn’t automatically prevent you from recovering damages.

Under Texas law, you may still be entitled to compensation unless your contribution to the crash was more than 50%. Here is how this works. After an accident where both drivers played a part, insurance adjusters will assess the circumstances of the crash and determine each driver’s degree of fault. 

If you are more than 50% to blame, you cannot file a car accident claim against the other driver. Additionally, the amount you can receive may be reduced based on your percentage of fault. For example, if you’re found to be 40% at fault, your compensation will be reduced by 40%.

Tips to protect your interests

Understanding your legal rights and options is crucial to securing the compensation you deserve if you’re partially at fault in a crash. You may, for instance, dispute the fault determination if you think it is inaccurate by presenting relevant evidence. This can help ensure your compensation is not unfairly slashed.

Additionally, you do not have to accept a settlement offer. If you feel it does not measure up to what you deserve, you may reject the offer or renegotiate for a higher amount. Remember, you can take the matter to court if settlement negotiations are unsuccessful, as long as you’re within the two-year deadline for car accident claims.

The claims process can be long and complicated, and going it alone may not be in your best interests. Having legal guidance to build a strong case and protect your rights during settlement negotiations can help you recover a fair settlement.