Legally Reviewed by Dale R. Rose, J.D. on September 22, 2026
Yes, you can often still make a personal injury claim in Texas even if you were partly at fault for the accident. Texas follows a modified comparative negligence rule, which means you may recover compensation as long as your own share of fault is 50 percent or less, though your award is reduced by that percentage. Determining fault in a personal injury incident is trickier than it may initially seem, and assuming you have no case simply because you played some role in the accident is one of the most common and costly mistakes accident victims make.
Dale R. Rose has an extensive background in Texas personal injury law and has worked with countless clients to navigate their cases, even when they initially thought they did not have one. If you are unsure whether your own actions affect your ability to recover compensation, our personal injury lawyers can walk you through how Texas law applies to your specific situation.
Establishing Fault in a Texas Personal Injury Case
Establishing fault prematurely, and assuming the worst about your own case, is one of the most common mistakes people make after a Texas personal injury. Fault is rarely a simple, all-or-nothing determination. Instead, Texas law recognizes that more than one party can share responsibility for the same accident, and it provides a specific framework for dividing that responsibility.
Because of this, the goal of a Texas personal injury lawyer is not just to prove that the other party did something wrong, but to accurately determine what percentage of the fault for the incident belongs to each party involved. That percentage has a direct and significant effect on the compensation you may be entitled to recover.
Texas’s Modified Comparative Negligence Rule (the 51 Percent Bar)
Texas addresses shared fault through a framework called proportionate responsibility, found in Chapter 33 of the Texas Civil Practice and Remedies Code. Under this law, often called the 51 percent bar rule, you may recover compensation as long as you are found to be 50 percent or less at fault for the accident. If you are found to be 51 percent or more at fault, you are barred from recovering any compensation at all.
When you are allowed to recover, your total award is reduced by your own percentage of fault. For example, if a jury determines that your damages total $100,000 and that you were 20 percent at fault for the accident, your recoverable compensation would be reduced to $80,000. This is why an accurate fault determination, rather than an assumption made at the scene, matters so much to the outcome of your claim.
Process to Help Establish Fault After a Personal Injury
Once we review the facts of your case and determine that there may be more to it than what appears on the surface, we begin collecting evidence to support your claim. This typically includes obtaining a copy of the police report and any healthcare records connected to your treatment. We also gather eyewitness testimony, photographs, and any surveillance or dashcam footage that may have captured what actually happened.
We take a comprehensive approach to help establish fault and pursue any compensation you may be due from the incident. It is important to seek the counsel of a qualified Texas personal injury lawyer before you admit fault to your insurance company, the other party, or anyone else, since you may not be aware of extenuating circumstances that also contributed to the accident.
How Fault Percentage Affects Your Compensation
Insurance adjusters are trained to assign as much fault to you as possible, because every percentage point they can shift onto you directly reduces what their company has to pay. This is one of the main reasons early conversations with an insurance adjuster can be so risky before you have spoken with an attorney.
An experienced lawyer can push back on an inflated fault assignment by presenting the evidence gathered during the investigation, including the police report, medical documentation, and witness accounts. Because the difference between being found 45 percent at fault and 55 percent at fault can mean the difference between a reduced recovery and no recovery at all, this step is one of the most consequential parts of a shared-fault case.
Common Mistakes That Can Increase Your Assigned Fault
Certain actions taken in the hours and days after an accident can unintentionally increase the percentage of fault assigned to you. Some of the most common include:
- Apologizing or speculating at the scene. Statements like “I didn’t see them” can later be used as an admission, even when they were not intended that way.
- Giving a recorded statement without preparation. Insurance adjusters may ask leading questions designed to draw out fault-related language.
- Posting about the accident on social media. Comments, photos, and even check-ins can be taken out of context and used against you.
- Delaying medical treatment. A gap in treatment can be used to argue that your injuries were less severe, or that you failed to mitigate your own damages.
Avoiding these pitfalls, and speaking with an attorney before making any formal statements about the accident, helps protect the fault percentage that is ultimately assigned to you.
Consult with a Texas Personal Injury Lawyer to Learn More
A reputable Texas personal injury lawyer can help you determine the viability of your claim with a thorough case review. The team at Rose Knows Law is well-versed in handling claims where establishing fault is challenging, and we encourage you to learn more about our approach on our About Us page. If you would like to understand how these rules interact with a specific car accident claim, our related article on comparative fault in Texas car accident cases covers the topic in greater depth.
Do not make the mistake of believing you have no case simply because you assumed the fault in the incident was yours. This may not be the case at all. Fill out our contact us online form today to schedule a free case review.
Frequently Asked Questions About Fault in Texas Personal Injury Claims
Can I still recover compensation if I was partly at fault for my accident in Texas?
Yes, as long as your share of the fault is 50 percent or less. Texas’s proportionate responsibility law reduces your compensation by your percentage of fault rather than eliminating your claim entirely, unless you are found to be 51 percent or more responsible.
What happens if I am found to be 51 percent or more at fault?
Under Texas’s 51 percent bar rule, you are barred from recovering any compensation if your assigned fault reaches 51 percent or more. This makes an accurate, well-supported fault determination critical, since the difference of even a few percentage points can eliminate your recovery altogether.
Who decides what percentage of fault I bear?
If your case settles, the insurance companies involved typically negotiate a fault percentage based on the available evidence. If your case goes to trial, a jury makes the final determination based on the police report, medical records, witness testimony, and any other evidence presented.
Should I talk to the other driver’s insurance company about fault?
It is best to avoid giving a recorded statement or discussing fault with the other driver’s insurance company before speaking with an attorney. Adjusters are trained to ask questions that can be used to increase your assigned percentage of fault, sometimes without you realizing it in the moment.
How is my compensation calculated if I share some fault?
Your total damages are reduced by your percentage of fault. For example, if your damages are valued at $100,000 and you are found 20 percent at fault, your recoverable compensation would generally be reduced to $80,000.
About the Attorney
Founder, Rose Knows Law PLLC
Dale R. Rose earned his law degree from Texas Tech University School of Law in 1991 and has practiced law in Texas for approximately 33 years. He has served as first-chair counsel in more than 165 jury trials across 54 Texas counties, representing accident victims throughout McKinney, Plano, Frisco, and the surrounding North Texas communities.