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Being involved in an accident in Houston, whether on a busy highway like the Katy Freeway or a local road in The Heights, can leave you with serious injuries. But what happens if the insurance company or the other party claims you were partially to blame for the crash? In Texas, the answer lies in a legal concept known as comparative fault, also referred to as proportionate responsibility. This law can be complex, but understanding it is critical to your personal injury claim.
We know that navigating the aftermath of an accident is challenging. When you are hurting, the last thing you want to do is fight with insurance companies. Our Houston attorneys are here to help you understand Texas law and how it affects your case. At The Alfred Firm, our goal is to provide clear, helpful information so you can make informed decisions. We do the work so that you can focus on healing.
What Is Comparative Fault?
In a personal injury case, the legal principle of comparative fault assigns a percentage of blame to each party involved in an accident. The purpose of this system is to make sure that each person is held accountable for their share of responsibility. Most states, including Texas, have moved away from an older, harsher rule called contributory negligence, where an injured person could not recover any damages if they were even 1% at fault. Texas has a more forgiving, yet still strict, system.
The official term for this in Texas is proportionate responsibility, and it is defined in Chapter 33 of the Texas Civil Practice and Remedies Code. This law states that responsibility will be assigned to each party as determined by a judge or jury, including the accident victim. This percentage is a whole number and is based on all the evidence presented.
The 51% Bar Rule: Texas’s Critical Threshold
The most important part of Texas’s comparative fault law is the “51% bar rule.” It is a simple but powerful concept: if your percentage of responsibility is greater than 50%, you are statutorily barred from obtaining damages. Meaning if a jury finds you were 51% at fault, you get nothing, even if the other person was 49% to blame.
Even so, if your fault is 50% or less, you can still recover compensation. The law reduces the total amount of damages you receive by your percentage of fault. This rule gives insurance companies a powerful reason to try to shift as much blame onto you as possible. They know that if they can get your percentage of fault to 51% or higher, they are not obligated to pay any compensation.
How Fault is Determined
After an accident, the question of fault is not always straightforward. Insurance companies begin their own investigations immediately. Insurers will look at the police report, talk to witnesses, and review any available evidence. A skilled personal injury attorney will conduct their own investigation to counter any unfair claims made by the other side, which may include:
- Reviewing police reports and citations
- Gathering witness statements and contact information
- Analyzing photographs of the accident scene and vehicle damage
- Obtaining traffic camera footage or dashcam recordings
- Working with an accident reconstruction expert to analyze the physics of the crash
In a lawsuit, the issue of proportionate responsibility is decided by a judge or a jury, who will listen to all the evidence and assign a percentage of fault to each party.
The determination of fault is often the most contentious part of a personal injury case. The other side will try to highlight anything you may have done wrong. For instance, an insurance company may try to argue that you were distracted, failed to brake in time, or did not take a reasonable precaution.
What if There Are Multiple At-Fault Parties?
In many cases, an accident is not just caused by two people. For example, a three-car pileup on the Sam Houston Tollway could involve multiple drivers. Or a truck accident could be caused by a distracted driver, a trucking company with a negligent maintenance policy, and a third party who provided faulty parts.
Under Texas law, the concept of proportionate responsibility applies to all parties involved, including the injured person, the defendants, and even people or companies who are not officially named in the lawsuit. The jury will assign a percentage of fault to each one, and the total of those percentages must add up to 100%.
The other key part of the law is joint and several liability. In simple terms, this means that if a defendant is found to be more than 50% responsible for the accident, they can be forced to pay for all of the non-economic damages, like pain and suffering. If they are 50% or less at fault, they only have to pay for their percentage of the total damages.
We Do the Work for You
A personal injury claim can be an uphill battle, especially when you are recovering from a painful injury. You need an advocate who understands the law and is ready to fight for you. We know that the other side will use Texas’s comparative fault law to try to pay you less, but we do the work to protect you from those tactics. We meticulously investigate every detail of your case to build a powerful argument on your behalf.
We are committed to helping our clients find a path forward. We handle complex personal injury claims for people throughout Houston and the surrounding areas. Our unique selling point is simple: we do the work. We take the stress out of the legal process so you can focus on what matters most, your recovery.If you have been injured in an accident and are worried about how Texas’s comparative fault law may affect your claim, please contact us for a consultation. We can answer your questions, assess your case, and explain your options. Call The Alfred Firm today at (713) 489-1875.
