Can I Make A Personal Injury Claim If I Am Partly At Fault?

How Fault Impacts a Texas Personal Injury Case

Texas has a unique method of apportioning fault between participants to an accident. The statutory method, “comparative responsibility, ” is a relatively fair way of distributing fault after an accident.

Usually, it is up to the jury to decide whether or not someone caused the accident. Typically, a jury question lists all parties and asks the jury to allocate fault between them – with a total of 100%.

If you were in an accident and partly at fault, you can still make a claim for injuries and damages. However, your compensation is reduced by your percentage of fault. If your percentage of fault is more than one-half, you cannot get compensation.

Types of Personal Injury Cases Where Fault is Apportioned in Texas

• Car Wrecks
• Truck accidents
• Uber crashes
• Wrongful death lawsuits
• Construction accidents
• Other personal injury claims

In effect, the jury usually determines fault based on a percentage of each person’s responsibility for causing the accident. When both parties may have some responsibility for the accident, the jury usually apportions the blame by determining a percentage of fault for each person or entity designated.

The comparative responsibility scheme will not bar them from collecting damages as long as the personal injury victim is 50% or less at fault for an accident. Notably, an injury victim’s damages will be reduced by their percentage of fault.