How Fault Impacts Your Texas Car Accident Case

By Clinton Courier | June 30, 2025 |

In Texas, the fault isn’t just about blame—it’s about who pays. As an “at-fault” state, Texas law holds drivers financially responsible for accidents they cause. This means insurance companies (or the driver) must cover damages, from car repairs to medical bills.

Understanding fault is key to protecting your legal rights after a car crash injury in Texas. You see too many cases where confusion over fault leads to unfair settlements. Knowing the rules early helps avoid costly mistakes.

Texas’s Comparative Fault Rule Explained

Texas follows the modified comparative fault rule (the 51% bar rule). This means even if you’re partially at fault for an accident, you might still recover damages, but with a big catch.

Here’s how it works: Your fault percentage reduces your compensation. If you’ve found 30% responsible, you’ll only receive 70% of your total damages. But you get nothing if you’re 51% or more at fault.

For example:

$10,000 in damages
30% at fault = $7,000 recovery
51% at fault = $0 recovery

This rule makes proving fault crucial for Texas accident victims.

Determining Fault After a Car Accident

After a Texas car accident, multiple pieces of evidence help determine fault. Police reports carry significant weight as officers document road conditions, violations, and initial statements. Witness accounts and traffic camera footage can also clarify what happened.

Insurance adjusters review this evidence to assign fault percentages. However, they often prioritize their company’s interests, sometimes downplaying their driver’s responsibility. Disputes frequently arise when:

There are conflicting witness statements
No police report was filed
The physical evidence is unclear

That’s why thorough documentation matters. Photos of the scene, medical records, and a detailed personal account strengthen your position if the fault is challenged.

Impact of Fault on Insurance Settlements

Fault directly determines how much insurers will pay – or if they’ll pay at all. The higher your assigned fault percentage, the lower your settlement offer. Insurers know this, and many aggressively push to shift more blame onto you.

Common tactics include:

Pressuring quick settlements before a full investigation
Misinterpreting evidence to inflate your fault
Downplaying serious injuries

These strategies work without legal counterarguments. Understanding Texas’s fault laws (or having someone who does) becomes critical when insurers lowball claims. A strong rebuttal to unfair fault assessments often differentiates between fair compensation and an underpaid claim.

What Happens When Fault Is Shared?

In many Texas accidents, more than one driver is partly to blame. Maybe one ran a red light, but the other was speeding. That’s a shared fault.

In these cases, each person’s damages are reduced based on their share of responsibility. If you’re 40% at fault, you’ll get only 60% of your total losses.

Knowing your exact fault percentage matters. It’s how insurers and courts decide what you’re owed—or if you can recover anything.

Fault Impacts More Than Compensation

Being found at fault in a Texas car accident has effects beyond your settlement. Some of the long-term consequences include:

Driving record impact: A Fault can be recorded and stay on your driving history for years. Insurance providers and potential employers often review this record.
Higher insurance premiums: Insurance companies may raise your rates if you’re found at fault, even for minor accidents.
Civil liability: If others were injured, you could be held personally responsible in a civil lawsuit. This can lead to out-of-pocket expenses beyond what insurance covers.