Getting into a car accident is stressful. Dealing with insurance companies and the complexities of your auto claim afterward can be even more confusing, especially when they introduce terms like Texas comparative negligence. If you’re wondering what that means and how it affects your auto claims settlement, you’re not alone. At the Law Offices of Ignacio G. Martinez, we believe knowledge is power. We’re here to help you understand comparative negligence in Texas, its impact on your ability to recover compensation, and how we fight to ensure you’re treated fairly.
What Is Texas Comparative Negligence?
Texas follows a modified comparative negligence rule. In simple terms, this means fault for an accident can be shared between parties. Each person’s compensation depends on how much they’re found to be at fault.
Let’s break it down.
If you’re 51% or more at fault, Texas law says you can’t recover any damages. But if you’re 50% or less responsible, you can still get compensation. That amount is reduced based on your share of the blame.
So if you’re found 30% at fault in a crash and your total damages are $100,000, you’d be eligible to receive $70,000.
Why Comparative Negligence Matters in Auto Claims
Insurance companies use comparative negligence to reduce how much they pay. If they can shift more fault onto you, they pay less. That’s why you need to know how this system works and how to protect yourself.
Here’s what they look for:
- Were you speeding or distracted?
- Did you fail to yield?
- Were your brake lights working?
- Did you wait too long to seek medical care?
At the Law Offices of Ignacio G. Martinez, we understand every trick in the book. Our legal team builds strong cases to limit your fault and increase your compensation.
How Comparative Negligence Plays Out
Let’s say you’re in McAllen, Texas. You’re driving through a green light when someone turns left in front of you. You hit them. The police say the other driver failed to yield. But during the investigation, the insurance company finds out you were going ten miles over the speed limit. They claim you’re 20% at fault for not driving at a safe speed. The total damage is $50,000. Under Texas law, your compensation would be reduced by 20%, leaving you with $40,000. It’s not fair, especially if your speeding had little to do with the crash. That’s where legal experience matters.
How Fault Is Determined in Texas Car Accidents
Texas does not rely on guesswork to determine fault. Investigators use evidence to decide how much each person contributed to the crash.
Common types of evidence used include:
- Police accident reports
- Dashcam or traffic camera footage
- Witness statements
- Vehicle damage analysis
- Medical records
- Photos of the scene
Our attorneys gather every shred of useful information to help prove that your role in the accident was minimal—or nonexistent.
What Happens If You’re Partially At Fault?
Don’t assume you’re out of options. Many people mistakenly think that if they were even a little at fault, they can’t recover damages. That’s not true under Texas law. As long as your share of the blame is 50% or less, you can still pursue compensation. But the insurance adjuster may try to convince you otherwise. That’s why it’s important to speak to a legal team before you accept anything.
Local Expertise from the Law Offices of Ignacio G. Martinez
We proudly serve clients across South Texas, including McAllen, Edinburg, Pharr, Mission, and Brownsville. When you walk through our doors, we treat you like family. Every detail of your case matters to us. Our legal team dives deep into the evidence, interviews witnesses, works with experts, and pushes back against unfair fault assignments.
Testimonial:
“I thought I had no chance after the other driver blamed me for braking too fast. Mr. Martinez reviewed my case and proved the other driver wasn’t even watching the road. I ended up with a fair settlement, thanks to their hard work.”
— Maria R., McAllen, TX
Steps to Take After a Texas Car Accident
How you respond after a crash can affect your case. Here’s what to do if you want to protect your rights.
Immediately after the crash:
- Call 911 and report the accident
- Take photos of the vehicles and scene
- Get contact info from any witnesses
- Seek medical attention even if you feel okay
Within the next few days:
- Follow up with your doctor
- Notify your insurance company
- Start documenting your symptoms and expenses
- Call an experienced Texas auto accident attorney
Your words can be used against you, even if you mean well. That’s why you should let your lawyer do the talking whenever possible.
What Damages Can Be Recovered?
Even if you’re partially at fault, you may still be eligible to receive compensation for several types of damages.
These include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Future medical care
- Loss of earning capacity
We’ll work to prove that your share of fault is as low as possible so you can recover the most money available under Texas law.
When Should You Call a Lawyer?
The sooner, the better. Even if your injuries seem minor or you’re unsure about fault, talking to a lawyer early helps avoid costly mistakes. Texas comparative negligence can be confusing, but understanding how it works is key to protecting your rights after an accident. Insurance companies will do everything they can to shift blame and lower your payout.
You don’t have to accept that. You need someone who will take your side, review every angle, and fight against exaggerated claims from insurance adjusters. At the Law Offices of Ignacio G. Martinez, our doors are always open for clients across the Rio Grande Valley who need someone to fight for them. Don’t hesitate; contact us today!
Frequently Asked Questions
1. What is comparative negligence?
Comparative negligence is a system where multiple parties can share fault in an accident. Compensation is based on each person’s share of blame.
2. What does “modified” comparative negligence mean?
Texas uses modified comparative negligence. If you are 51% or more at fault, you cannot recover damages.
3. Can I still recover damages if I’m partially at fault?
Yes. As long as you are 50% or less at fault, you can still get compensated—though the amount may be reduced.
4. How is fault determined in Texas?
Fault is determined by examining evidence such as police reports, witness accounts, and crash scene photos.
5. Do insurance companies determine fault?
They give their own estimate, but that can be challenged. A lawyer can present evidence to reduce your assigned fault.
6. What if I don’t agree with the insurance company’s fault assessment?
You can dispute it. A lawyer can help you provide evidence and negotiate a fair percentage of responsibility.
7. What kind of evidence helps reduce my fault?
Photos, dashcam footage, medical records, and witness statements can help show that you weren’t mainly responsible.
8. Does comparative negligence apply to all Texas car accidents?
Yes. This rule applies to all car accidents in Texas, including those involving multiple vehicles.
9. How long do I have to file a claim in Texas?
Texas gives you two years from the date of the accident to file a personal injury lawsuit.
10. How can a lawyer help in a comparative negligence case?
A lawyer can gather evidence, challenge unfair fault percentages, and maximize your potential compensation.