When you’re injured in an accident, figuring out who was responsible is one of the most important parts of your claim. But sometimes, the answer isn’t clear-cut. In many cases, more than one person shares some of the blame, including the person who got hurt.
If this happens, the issue of contributory fault may come into play. This doesn’t automatically prevent you from recovering money, but it can affect how much you receive or whether you can recover anything at all. Understanding how contributory fault works in Texas is key to knowing your rights and protecting your injury claim.
What Is Contributory Fault?
Contributory fault is a legal concept used in personal injury cases where both parties share some responsibility for the accident. If you are partly at fault for your injuries, the law may reduce the amount of money you can recover or prevent you from recovering anything, depending on how fault is assigned.
You may not have caused the accident entirely, but your own actions might have played a role. For example, if you slipped and fell at a store but were also looking at your phone at the time, the property owner might argue that your distraction contributed to the fall. In that situation, your compensation could be reduced.
Every state handles contributory fault differently. Some states take a very strict approach, while others are more flexible. Texas falls somewhere in the middle.
Different Types of Contributory Fault Rules
States nationwide use different systems to decide how contributory fault impacts injury claims.
The three main types are:
Pure Contributory Negligence
This is the most restrictive system. If you are even 1% at fault, you cannot recover any money. That means even a small mistake on your part can block your entire claim. Only a few jurisdictions use this rule, including Maryland, Virginia, North Carolina, Alabama, and Washington, D.C.
Pure Comparative Fault
Under this system, you can recover damages no matter how much blame you share. However, the amount you receive is reduced based on your percentage of fault. So if you were 80% at fault, you could still recover 20% of your total damages. States like California and New York use this approach.
Modified Comparative Fault
Most states, including Texas, use a modified version of comparative fault. This rule allows injured parties to recover damages only if their share of fault is below a certain percentage, either 50% or 51%, depending on the state. Texas uses the 51% version, which is one of the more common models.
Knowing how your state handles fault can significantly affect your case, especially when the other side tries to shift some of the blame to you.
Texas’s Modified Comparative Negligence Law
Texas follows a modified comparative negligence law with a 51% bar to recovery. This means you can only recover compensation if you are 50% or less at fault for the accident. If a court or jury finds that you were 51% or more at fault, you cannot recover any damages.
Even if you are able to recover compensation, your final award will still be reduced. That reduction is based on your percentage of responsibility.
For example, if you’re awarded $100,000 but are found to be 25% at fault, your recovery would be reduced by $25,000, leaving you with $75,000.
This rule applies to most personal injury cases in Texas, including:
- Car accidents
- Pedestrian and bicycle injuries
- Slip and fall incidents
- Workplace accidents
- Dog bite injuries
- Motorcycle crashes
- Wrongful death claims
Because Texas law emphasizes fault, proving who caused the accident is one of the most critical parts of any injury case.
How an Attorney Can Help if You’re Being Blamed
Insurance companies and defense lawyers often try to limit their financial responsibility by claiming that the injured person was at fault. Even if you know the other party caused the accident, they may argue that you contributed to it. If they can convince a jury or insurance adjuster that you were 51% at fault or more, you could lose the right to any compensation under Texas law.
An experienced personal injury attorney can protect your rights by:
- Internally investigating your accident
- Identifying all parties who may share responsibility
- Gathering key evidence, including photographs, video footage, and witness statements
- Working with accident reconstruction experts when needed
- Challenging false or exaggerated claims that you were at fault
- Presenting your case clearly to insurers or in court
Your lawyer’s goal is to keep your percentage of fault low enough so that you can recover the money you need. Even reducing your share by just a few percentage points can make a significant difference in the outcome of your case.
Contact Our Dallas Personal Injury Lawyers for a Free Consultation
At Benton Accident & Injury Lawyers, we know how contributory fault laws in Texas can impact your ability to recover compensation after an injury. If you’re being blamed for an accident, we’re here to protect your rights and fight back against unfair fault claims.
Our team builds strong cases to help you get the largest compensation under Texas law. Contact us online or call (214) 556-8321 today for a free consultation and let us help you take the next step toward justice and recovery.