Determining Fault In a Car Accident [Texas]

How Is Fault Determined in a Texas Car Accident?

In Texas, fault in a car accident is determined by identifying which driver failed to use reasonable care. Texas follows a modified comparative negligence rule under Texas Civil Practice & Remedies Code § 33.001, meaning each driver can be assigned a percentage of fault. If you’re 50% or less at fault, you can recover damages reduced by your percentage of responsibility. If you’re 51% or more at fault, you recover nothing.

Insurance adjusters, police officers, and ultimately courts look at evidence like police reports, witness statements, photos, and traffic violations to assign fault percentages. Understanding this process matters because it directly affects how much compensation you can receive.

What Is Comparative Negligence in Texas?

Texas uses a “proportionate responsibility” system, commonly called modified comparative negligence. Under Chapter 33 of the Texas Civil Practice & Remedies Code, fault is divided among everyone involved in an accident based on their contribution to the crash.

Here’s how it works: If you’re found 20% at fault and your damages total $100,000, you’d receive $80,000 (your damages minus your share of fault). But Texas has a critical cutoff. If you’re 51% or more responsible, you’re barred from recovering any compensation. This is sometimes called the “51% bar rule.”

This system differs from states that follow “pure” comparative negligence, where you can recover something even if you’re 99% at fault. It also differs from “contributory negligence” states, where any fault on your part bars recovery entirely. Texas strikes a middle ground, but that 51% threshold makes proving the other driver was primarily at fault essential to your case.

What Evidence Is Used to Determine Fault?

Several types of evidence help establish who caused an accident. The more documentation you have, the stronger your case.

Police reports carry significant weight because officers arrive at the scene, interview witnesses, observe damage patterns, and sometimes issue citations. You can obtain your Texas crash report online through the Texas Department of Transportation. While police reports aren’t definitive proof of fault, insurance companies and courts consider them carefully.

Photos and videos from the scene document vehicle positions, damage, road conditions, traffic signals, and skid marks. Dashcam footage or nearby security cameras can be particularly valuable. Take photos immediately if you’re able to do so safely.

Witness statements from people who saw the collision provide independent accounts of what happened. Get contact information from anyone who stopped to help or observed the crash.

Traffic violations such as running a red light, speeding, or failing to yield create strong evidence of negligence. A citation doesn’t automatically prove fault in a civil case, but it’s persuasive evidence.

Expert analysis becomes important in disputed cases. Accident reconstruction specialists use physics, engineering, and evidence from the scene to determine how a collision occurred. Medical experts can connect injuries to the crash mechanics.

What Are the Most Common Types of Driver Negligence?

Negligence means failing to act with the care a reasonable person would use. In car accidents, several behaviors commonly establish negligence.

Distracted driving includes texting, eating, adjusting GPS, or anything that takes attention from the road. Under Texas Transportation Code § 545.4251, using a handheld device to read, write, or send electronic messages while driving is illegal statewide.

Speeding reduces reaction time and increases crash severity. Driving too fast for conditions (rain, fog, heavy traffic) can be negligent even if you’re under the posted limit.

Drunk or drugged driving is negligence per se in Texas. If a driver is intoxicated under Texas Penal Code § 49.04, that intoxication establishes negligence automatically.

Failure to yield at intersections, when merging, or to pedestrians causes many collisions. Right-of-way rules exist in Chapter 545 of the Texas Transportation Code.

Following too closely (tailgating) leaves insufficient stopping distance. When rear-end collisions occur, the following driver is usually presumed negligent, though exceptions exist.

Running red lights or stop signs is a clear traffic violation that establishes fault in most cases.

Fatigued driving impairs judgment and reaction time similar to alcohol. Commercial drivers face federal hours-of-service regulations, and violating them strengthens negligence claims.

Aggressive driving behaviors like weaving through traffic, road rage, and excessive speed create dangerous conditions that establish fault when crashes result.

How Do You Prove the Other Driver Was Negligent?

Proving negligence requires establishing four legal elements. Missing any one of them can defeat your claim.

Duty of care: Every driver in Texas has a legal duty to operate their vehicle safely and follow traffic laws. This element is almost always satisfied in car accident cases.

Breach of duty: You must show the other driver failed to meet this standard. Running a red light, texting while driving, or speeding are clear breaches. Less obvious breaches might require expert testimony to establish.

Causation: The breach must have directly caused your accident and injuries. If someone was speeding but you rear-ended them, their speeding didn’t cause the collision. Causation has two parts: the breach must be an actual cause (“but for” their action, the crash wouldn’t have happened) and a proximate cause (the harm was foreseeable).

Damages: You must have suffered actual losses. Medical bills, lost wages, property damage, and pain and suffering are common categories. Without documented damages, there’s nothing to recover.

The standard of proof in civil cases is “preponderance of the evidence,” meaning you must show it’s more likely than not that the other driver was negligent. This is a lower bar than criminal cases, which require proof beyond a reasonable doubt.

What Steps Should You Take After a Texas Car Accident?

The actions you take immediately after a crash affect your ability to prove fault later.

Call 911 and get a police report. Texas law under Transportation Code § 550.026 requires reporting accidents involving injury, death, or property damage over $1,000. Officers document the scene and may cite the at-fault driver.

Document everything at the scene. Photograph vehicle damage, license plates, the intersection, traffic signals, road conditions, and any visible injuries. Record a voice memo describing what happened while details are fresh.

Get witness information. Names and phone numbers from independent witnesses can be invaluable. Their statements may contradict the other driver’s version of events.

Seek medical attention promptly. Even if you feel fine, some injuries don’t present symptoms immediately. Medical records create a paper trail connecting your injuries to the accident. Gaps in treatment give insurance companies ammunition to dispute your claim.

Notify your insurance company. Texas is a fault-based insurance state, meaning you’ll typically file a claim against the at-fault driver’s liability coverage. Report the accident to your own insurer as well.

Consult with an attorney before giving recorded statements. Insurance adjusters work for their company, not you. An experienced attorney can protect you from common tactics used to minimize or deny claims.

How Does Insurance Handle Fault Disputes in Texas?

Insurance companies conduct their own fault investigations. Each insurer assigns an adjuster who reviews police reports, interviews drivers and witnesses, examines vehicle damage, and determines (from their company’s perspective) who was responsible.

Adjusters often assign fault percentages based on this investigation. The problem: the other driver’s insurance company has every incentive to blame you. They may claim you were 51% or more at fault to avoid paying your claim entirely.

When insurers disagree on fault, negotiations follow. If you can’t reach a fair settlement, your options include filing a lawsuit where a judge or jury determines fault based on the evidence. Texas has a two-year statute of limitations under Civil Practice & Remedies Code § 16.003 for personal injury claims, so don’t delay.

Having an attorney during this process levels the playing field. Insurance companies know which claimants have legal representation. Studies show that represented claimants typically receive higher settlements than those who negotiate alone.

What If Both Drivers Share Fault?

Shared fault is common. Maybe you were going five miles over the speed limit when someone ran a red light and hit you. You might be assigned 10% fault for speeding while the other driver bears 90% for running the light.

Under Texas’s proportionate responsibility rules, you’d recover 90% of your damages. If your medical bills, lost wages, and pain and suffering total $50,000, you’d receive $45,000.

The insurance company may try to inflate your fault percentage. Every percentage point they can pin on you reduces what they pay. Common tactics include arguing you could have avoided the collision, questioning whether you were paying attention, or suggesting your injuries resulted from a pre-existing condition rather than the crash.

This is why documentation matters. Strong evidence makes it harder for adjusters to shift blame onto you.

When Should You Hire a Car Accident Attorney?

Not every fender-bender requires an attorney. But certain situations warrant legal help.

Disputed liability: When the other driver claims you were at fault or fault is genuinely unclear, an attorney can investigate, gather evidence, and present your case effectively.

Serious injuries: Broken bones, head trauma, spinal injuries, or anything requiring ongoing treatment means higher stakes. Insurance companies fight harder against large claims.

Insurance company tactics: If an adjuster is pressuring you to accept a quick settlement, denying your claim, or disputing the extent of your injuries, you need someone in your corner.

Multiple parties: Accidents involving several vehicles, commercial trucks, or rideshare companies create complex liability questions.

At Varghese Summersett, our personal injury team includes attorneys who’ve handled thousands of Texas car accident cases. We work on contingency, meaning you pay nothing unless we recover compensation for you.

Frequently Asked Questions

How long do I have to file a car accident lawsuit in Texas?

Texas has a two-year statute of limitations for personal injury claims under Civil Practice & Remedies Code § 16.003. This means you must file your lawsuit within two years of the accident date. Missing this deadline typically bars your claim permanently, regardless of how strong your case might be.

What if the other driver doesn’t have insurance?

Texas has one of the highest uninsured driver rates in the country. If an uninsured driver hits you, your options include filing a claim under your own uninsured/underinsured motorist (UM/UIM) coverage if you have it, or suing the driver personally. Collecting a judgment from someone without insurance or assets can be difficult, which is why UM/UIM coverage is valuable protection.

Can I still recover damages if I was partially at fault?

Yes, as long as you’re 50% or less responsible for the accident. Texas’s modified comparative negligence rule reduces your recovery by your fault percentage. If you’re 30% at fault and your damages are $100,000, you’d receive $70,000. But if you’re 51% or more at fault, you’re barred from recovering anything.

Does a police report determine who is at fault?

Police reports are influential but not conclusive. Officers document their observations and may indicate who they believe caused the accident, but insurance companies and courts make independent fault determinations. A police report citing the other driver strengthens your case significantly, but you can still prove fault through other evidence if the report is unfavorable.

What damages can I recover in a Texas car accident case?

Texas allows recovery of economic damages (medical expenses, lost wages, property damage, future medical costs) and non-economic damages (pain and suffering, mental anguish, loss of enjoyment of life). In rare cases involving gross negligence or intentional conduct, punitive damages may be available. There’s no cap on most car accident damages in Texas, though medical malpractice and certain other claims have statutory limits.

Talk to a Texas Car Accident Attorney Today

If you’ve been injured in an accident and the other driver or their insurance company is disputing fault, you need experienced legal representation. The attorneys at Varghese Summersett have helped thousands of Texans recover fair compensation after car accidents in Fort Worth, Dallas, Houston, and throughout the state.

We offer free consultations and work on contingency. You pay nothing unless we win your case. Call us at (817) 207-4878 to discuss your situation.