Texas Comparative Negligence — How Fault Affects Your Car Accident Settlement
FREE CONSULTATION
Contact Us About Your Case
FREE Consultation Today.
Texas Comparative Negligence — How Fault Affects Your Car Wreck Settlement
When you’re injured in a Texas car wreck, one of the first questions that comes up is “Who was at fault?”
Fault matters because Texas uses a system called comparative negligence, and it directly impacts how much money you can recover. Even if the other driver clearly caused the crash, insurance companies often try to shift some of the blame onto you. And because of that, understanding how comparative negligence works can significantly strengthen your claim.
At MLF Legal, our Dallas car wreck lawyers help injured Texans navigate these fault arguments and protect the full value of their case.
What Is Comparative Negligence in Texas?
Texas follows a rule called modified comparative negligence, also known as the 51% bar rule. This law determines how compensation is awarded when more than one person shares responsibility for a crash.
Here’s how it works:
- You can recover damages as long as you are 50% or less at fault
- Your compensation is reduced by your percentage of fault
- If you are 51% or more at fault, you recover nothing
Because of this, insurance companies often try to exaggerate your share of fault to reduce what they owe.
Why Comparative Negligence Matters in Car Accident Claims
Comparative negligence affects your case in several important ways.
For example, if your damages total $100,000 and you’re found 20% at fault, your recovery drops to $80,000.
This is why insurers aggressively argue fault — every percentage point saves them money.
FAQs: Texas Comparative Negligence
It’s a rule that reduces your compensation based on your percentage of fault.
.
Yes — as long as you are 50% or less at fault.
The CCH decision becomes final, and you lose the right to judicial review.
Yes, and they often do. A lawyer can protect you from these tactics.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
Common Ways Insurance Companies Try to Blame You
Insurance adjusters use predictable tactics to shift fault. And unfortunately, many injured people don’t realize what’s happening until it’s too late.
Here are the most common strategies:
Claiming You Were Distracted
Even if there’s no evidence, insurers may suggest you were:
- On your phone
- Adjusting the radio
- Talking to passengers
They do this because even a small percentage of fault reduces your payout.
Arguing You Were Speeding
Even going a few miles over the limit can be used against you.
Insurers often say, “If you weren’t speeding, the crash wouldn’t have happened.”
Blaming You for “Sudden Stops”
Rear‑end collisions are usually the fault of the driver behind you.
However, insurers frequently argue you stopped too quickly or unexpectedly.
Questioning Your Lane Changes
If the crash involved merging or lane movement, they may claim:
- You didn’t signal
- You drifted
- You failed to check your blind spot
Using Your Statements Against You
Even polite comments like “I’m sorry” or “I didn’t see them” can be twisted into admissions of fault.
Because of this, it’s crucial to let your car wreck lawyer handle communications.
Examples of How Comparative Negligence Works in Texas
To make this clearer, here are a few real‑world scenarios.
Example 1: Rear‑End Collision
You’re stopped at a red light. The driver behind you hits your car.
The insurer argues you stopped “too suddenly.”
- You are found 10% at fault
- Damages: $50,000
- Your recovery: $45,000
Example 2: Intersection Crash
Another driver runs a red light and hits you.
However, the insurer claims you were going 5 mph over the limit.
- You are found 20% at fault
- Damages: $100,000
- Your recovery: $80,000
Example 3: Lane Change Accident
You change lanes safely, but another driver speeds up and clips your rear bumper.
The insurer argues you “failed to yield.”
- You are found 40% at fault
- Damages: $75,000
- Your recovery: $45,000
As you can see, even small percentages make a big difference.
How to Protect Yourself From Fault Arguments
Because insurers aggressively use comparative negligence to reduce payouts, you need to take steps that strengthen your case.
1. Call the police and get a crash report
A police report is one of the strongest pieces of evidence in your favor.
2. Take photos and videos at the scene
Document:
- Vehicle damage
- Road conditions
- Traffic signals
- Skid marks
- Injuries
3. Get medical treatment immediately
Delays allow insurers to argue your injuries weren’t caused by the crash. Medical treatment after a car wreck significantly impacts your settlement.
4. Avoid giving recorded statements
Insurance companies use these to twist your words.
5. Contact a Dallas car wreck lawyer early
The sooner we get involved, the sooner we can preserve evidence and protect your rights.
How MLF Legal Fights Comparative Negligence Tactics
We know exactly how insurers try to shift blame, and we counter those tactics with:
- Crash reconstruction experts
- Witness interviews
- Traffic‑cam and surveillance footage
- Black box data
- Medical documentation
- Police report analysis
Additionally, we build a clear narrative that shows how the crash happened and why the other driver is responsible.
Insurance companies often drop their fault arguments when they realize we are ready to fight.
What to Do If the Insurance Company Says You Were at Fault
Don’t panic — and don’t argue with the adjuster.
Instead:
- Stay calm
- Avoid giving additional statements
- Don’t agree to anything
- Call MLF Legal at 214‑357‑1782
We’ll review your case for free and explain exactly how comparative negligence applies.
Call MLF Legal today
214-357-1782
Fill out our online form
for a free consultation.
We only get paid if we win your case.