What If Both Drivers Are At Fault? Understanding Shared Liability in Texas
Imagine this: you’re driving through an intersection when another car speeds through a stop sign. You both crash. But here’s the twist—you were also texting. So, what happens if both drivers are at fault in an accident?
In Texas, this type of car accident isn’t rare. When parties are at fault, it can be hard to know who pays for the damage. That’s where Texas’s comparative negligence law comes in. Knowing your rights in a split liability accident can help protect your compensation and legal options.
Can Both Drivers Be At-Fault in a Texas Car Accident?
Yes, both drivers can be responsible. This is called shared liability or shared responsibility claims. In many traffic accidents, both motorists make mistakes. For example, one may be speeding while the other is distracted driving.
Texas follows modified comparative negligence. This means each driver is at fault based on their actions leading to the collision. A car accident attorney will look at everything from the accident scene to the police report to help figure out fault.
Understanding Fault and Comparative Negligence in Texas
So, what is comparative negligence? In Texas, if you’re found to share fault, your compensation is reduced by the percentage of fault you carry. But if you’re more than 50% to blame, you can’t recover anything.
Let’s say the accident happened because you ran a red light but the other driver was also distracted driving. You might be 40% at fault. You can still file a claim, but your total payout will be 60% of the amount.
This system is different from contributory negligence law, where even 1% fault means you get nothing. Luckily, Texas doesn’t follow that strict rule.
How Is Fault Determined After a Car Accident?
After a collision, the blame doesn’t fall on just one person without proof. Insurance companies, adjusters, and even lawyers look at many things:
- Police reports
- Photos of the accident scene
- Statements from witnesses
- Traffic camera footage
- Vehicle damage
- Road conditions
- If anyone was running a red light
An insurance adjuster will also talk to you and the other motorist. They try to determine fault and decide how much the driver’s insurance company should pay.
Sometimes, the adjuster may try to lower your compensation unfairly. If that happens, contacting a lawyer is a smart move.
What Happens to Your Compensation in a Split Liability Accident?
In a split liability accident, you may still get money, but less of it. Your compensation is reduced by how much you contributed to the accident.
Let’s say your car insurance claim is worth $20,000. But the insurance company says you were 40% at fault. That means you’ll only get $12,000. This covers things like:
- Medical bills
- Lost wages
- Pain and suffering
- Repairs for property damage
If you’re in a wreck, these numbers matter a lot. A car accident lawyer can help you prove you weren’t more at fault than the other driver.
Steps to Take If You Share Fault in a Texas Accident
Even if you think you share fault in a car crash, never admit it at the scene. Here’s what to do:
- Call 911 and wait for a police report
- Take pictures and videos of the accident scene
- Get insurance information from the other motorist
- Talk to your car insurance company
- Contact an attorney for a free consultation
Your attorney will help you deal with insurance companies, gather evidence, and protect your rights under Texas state laws.
Why Legal Help Is Essential in Shared Liability Cases
If you’re partially responsible for a collision, it’s not easy to get fair compensation. Insurance companies often try to push more blame on you so they pay less.
That’s why it’s smart to get help from a trusted law firm like Austin Accident Lawyer. We handle personal injury cases every day and know how to fight for clients who are partially at fault.
And here’s the best part: You won’t pay us a dime unless we recover money for you. We cover costs like:
- Filing fees
- Medical record orders
- Hiring experts
- Court reporter fees
Even better, we don’t take a fee for helping with your property damage. That’s totally free.
Conclusion
So, what happens if both drivers are at fault in an accident in Texas? You could still get money—but only if you’re less than 51% to blame. That’s why understanding comparative fault Texas laws and acting fast is key.
If you’ve been in a car accident, let our personal injury attorneys help. Whether it’s a rear-end, tailgate, or stop sign collision, we’re here for you.
Call us today for a free consultation, and we’ll explain your rights under Texas negligence law. Don’t let being partially at fault keep you from the compensation for your injuries you deserve.
