Texas Car Accidents: What Happens If Both Drivers Are at Fault
Texas Car Accidents: What Happens If Both Drivers Are at Fault
Two-car crashes aren’t always one driver’s fault. It’s common for an insurance adjuster, or a jury, to find that both drivers contributed — one may have been speeding while the other was distracted. Texas has a specific rule for exactly this situation, and understanding it can be the difference between a fair recovery and nothing at all.
Texas’s Modified Comparative Negligence Rule
Under Texas Civil Practice and Remedies Code Chapter 33, your compensation is reduced by your own percentage of fault — and if you’re found more than 50% responsible, you recover nothing at all. If a crash causes $100,000 in damages and you’re found 30% at fault, you’d recover $70,000. This is different from a strict “contributory negligence” rule, where even 1% fault bars recovery entirely; Texas’s rule is more forgiving, but the 51% line is a hard cutoff.
How Fault Actually Gets Determined
No one’s fault percentage is decided arbitrarily. Insurance adjusters and, if it goes to litigation, courts weigh the police report, photos of the scene, witness statements, traffic camera footage, vehicle damage patterns, and road conditions. An adjuster will also want statements from both drivers — and it’s worth knowing that adjusters sometimes push fault higher than the evidence supports, specifically because it reduces what their company owes.
What Split Liability Actually Costs You
Say your claim is worth $20,000, but the insurer assigns you 40% of the fault. Your recovery drops to $12,000 — covering medical bills, lost wages, pain and suffering, and property repairs at that reduced rate. That’s exactly why disputing an inflated fault percentage matters: even a 10-point swing can change your recovery by thousands of dollars.
What to Do If You Think You Share Fault
- Never admit fault at the scene, even partial fault — let the evidence speak
- Call 911 and get a police report
- Photograph the scene, vehicle damage, and any visible injuries
- Get the other driver’s insurance information
- Talk to an attorney before giving a recorded statement to any insurer
Why Legal Help Matters in Shared-Fault Cases
Insurance companies have every financial incentive to push more blame onto you specifically because it lowers their payout. An attorney’s job in a shared-fault case is often less about proving the other driver was wrong, and more about disputing an inflated fault percentage assigned to you. That distinction can be the entire case.
Talk to an Austin car accident lawyer
If you’ve been in a crash where fault might be shared, don’t let an insurer’s first number be the last word. Call the Traub Law Office at (512) 246-9191 or contact us online for a free consultation. We take these cases on contingency — you pay nothing unless we recover money for you.
About Andrew Traub
