If you’ve been hurt in an accident in Texas that was partially your fault, you might assume you’re not eligible for any compensation. However, that’s not necessarily true. Even if you bear some responsibility for what happened, you may still be entitled to recover damages for your injuries and losses. Be aware, though, that defendants’ insurance companies and their lawyers will try to limit or eliminate your recovery by taking full advantage of the state’s comparative fault rule.
Texas follows a modified comparative fault system, often called the “51% Bar Rule.” You can recover damages only if you are not more than 50% at fault for the accident. If you are found 51% responsible or more, you recover nothing. If you are 50% or less at fault, your compensation is reduced by your percentage of responsibility. For example, if a jury values your damages at $100,000 and assigns you 20% fault, your award would be reduced to $80,000. This makes fault allocation a central battleground in many accident injury cases.
If you’ve made a claim after an accident for which the cause is contested, an insurer adjuster may try to inflate your share of fault. A common tactic is pushing for a recorded statement soon after the accident, when you may be medicated, stressed or unsure of details, and then using small inconsistencies to suggest you were careless. They may also selectively use evidence — such as a single photo angle or a short snippet of surveillance video — to argue you were distracted, speeding or ignoring warnings. Another tactic is minimizing the defendant’s conduct while mischaracterizing your own, implying you overreacted or failed to act reasonably to prevent harm.
Beyond the insurance adjuster stage, defense attorneys may try to undermine your case during litigation. They may use the discovery process to dig into your medical history, social media, employment records and prior claims to find anything they can frame as an inconsistency. They may attack your credibility by highlighting minor variations in your account or suggesting you are exaggerating. Experts may be hired to testify that the accident mechanics don’t match your account of what happened complaints or that a different course of action would have prevented the outcome.
A plaintiff’s attorney can counter these liability-shifting efforts by building a thorough claim. This includes investigating the scene, locating witnesses, securing video footage before it is deleted, obtaining complete medical documentation and retaining accident reconstruction or medical experts as needed. Equally important is presenting a clear explanation of why the defendant’s negligence — not yours — was the primary cause, so you are not unfairly pushed over the 51% threshold.
Seeking early legal representation by an experienced personal injury attorney helps you avoid common traps, prevents insurers from manipulating statements or evidence and ensures critical deadlines and documentation are handled correctly from the start.
If you or a family member has suffered a serious injury in an accident, the Law Office of Josh B. Maness can advise you of your rights and work to obtain financial compensation for your medical bills, lost wages, pain and suffering and other losses. Based in Waskom, I represent clients in the Marshall area and across Harrison County. Call me at 903-407-8455 or contact me online to set up a free initial consultation.
