Texas follows a rule called modified comparative negligence, also known as proportionate responsibility. This rule looks at how fault is shared between everyone involved in a car accident.
You may still recover compensation if you were partly at fault, as long as your share of responsibility is not greater than 50%. Your recovery will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for the accident, your compensation may be reduced by 20%. If your total losses are $10,000, you may be able to recover $8,000 If you are found to be more than 50% responsible, you may not recover compensation.
Fault is often based on evidence such as accident reports, photos, witness statements, and other records. Because of this, having clear documentation can help support your claim and show what happened.
Understanding how fault is determined can help you make informed decisions about your next steps after an accident.