Car accidents happen quickly. In some cases, even the injured driver might have made a mistake that contributed to a crash. Perhaps they were checking their phone when another driver ran a red light, or they rolled through a stop sign just as someone else was speeding through the intersection.
Would they still be able to file a claim or receive compensation? The short answer is: Yes. Under Texas law, a person can still file for damages and recover compensation even if they were partly at fault for the car accident.
How does being partially at fault affect your claim?
In personal injury cases, Texas law looks at “proportionate responsibility”, which generally means you can still collect compensation as long as you bear 50% or less of the blame for the accident. However, your compensation may be reduced by whatever percentage of fault you carry.
For example, if you suffered $100,000 in damages but a court finds you 10% at fault, you would only receive $90,000. However, if you carry 51% or more of the blame, Texas law bars you from recovering anything.
What evidence do courts or insurance companies assess?
Since compensation typically comes from the at-fault driver’s insurance, insurance adjusters initially assess fault percentages. If you file a lawsuit, the court makes the final determination. Both generally examine the same types of evidence:
- Police reports and traffic citations issued at the scene
- Witness statements from people who saw the accident
- Traffic camera footage or security recordings
- Physical evidence such as vehicle damage and skid marks
- Medical records documenting your injuries
Insurance companies, while required to investigate claims fairly, are still businesses that may need to protect their bottom line. Working with your own attorney can help ensure that the evidence in your case receives proper evaluation.
Moreover, Texas law only gives you two years from the date of your accident to file a claim. Seeking legal guidance early can help protect your right to compensation.
Don’t let uncertainty stop you from seeking justice
You have the right to seek compensation for your injuries after a car accident, even if you were partially at fault. Unsure about whether this applies to your situation? Consider getting professional legal advice. An attorney can help assess your situation and provide clarity on whether you have grounds for a claim.