Can I Still Sue if I Am Partially at Fault for a Car Accident in Texas?

 Posted on October 20, 2025 in Car Accidents

Sharing fault for a car crash in Texas does not automatically stop you from seeking compensation. Texas law acknowledges that accidents are often complex and that more than one person may share responsibility. To know how liability impacts your case, you need to speak to an experienced Hays County, TX car accident lawyer. We can explain your rights and help you build your claim.

What Is the Texas Comparative Fault Rule?

Texas follows a modified comparative fault rule, also known as the "51 percent bar rule." Under Texas Civil Practice and Remedies Code § 33.001, you can recover damages if you are 50 percent or less at fault for the accident. However, if you are more than 50 percent responsible, you cannot receive any compensation. When eligible, your damages are reduced by your percentage of responsibility.

What does this look like in practice? Assuming the court awards you $100,000 and finds you 30 percent at fault, you would receive $70,000. Seeking legal counsel is especially important in shared fault cases because insurance companies will take any opportunity to reduce your payout. We will fight aggressively to protect your right to fair compensation.

How Does Texas Determine Fault After a Car Accident?

In Texas, fault is determined by examining all the facts and evidence surrounding the crash. Insurance companies and investigators look at what happened before and during the crash. They use police reports, witness statements, photos, and video footage to figure out who was at fault. Accident reconstruction experts can also help. They analyze the scene to understand how the crash occurred and which driver’s actions contributed most. 

Even a minor traffic violation, such as failing to signal, following too closely, or driving slightly over the speed limit, can affect the percentage of fault assigned to each driver. Because fault can be split between drivers, even small details can make a big difference in how much compensation you receive.

Examples of Shared Fault in a Texas Car Accident

Common ways that people can share fault for a car crash include:

• One driver runs a red light while another driver is over the speed limit.

• One driver changes lanes without signaling, and another driver merges without checking blind spots.

• One driver comes to a sudden stop, and the driver behind is following too close to react in time.

• Both drivers are distracted.

• Two vehicles fail to slow down during heavy rain, leading to reduced visibility and loss of control.

Keep in mind that Texas Civil Practice and Remedies Code § 16.003 sets a two-year statute of limitations for filing a personal injury lawsuit. Waiting too long can cause you to lose your right to sue, even if the evidence clearly supports your claim. Act fast and call our office today.

Contact a Comal County, TX Car Accident Attorney Today

With over 25 years of legal experience, The Bettersworth Law Firm combines aggressive advocacy with genuine compassion. Clients never feel like just a case number because we intentionally keep our caseload low to provide personal attention and regular communication throughout the process. We have recovered millions for clients and are proud members of the Multi-Million Dollar Advocates Forum, a distinction held by only a small percentage of trial lawyers nationwide.

If you were injured in a crash on I-35, I-10, or anywhere in Central Texas, our experienced Hays County, TX car accident lawyer can help you understand your rights and build a strong case for recovery. Do not assume you cannot recover damages even if you are partially to blame for what happened. Call us today at 830-606-0404 for a free consultation.