When you’re involved in a car accident in Texas, figuring out who’s at fault can feel like navigating a legal maze. Even if it seems obvious who caused the crash, Texas law uses a specific set of rules to determine how compensation is awarded. One of the most important of these is the modified comparative fault rule—a legal concept that could significantly impact how much money you’re entitled to recover after an accident.

Understanding how Texas’s Modified Comparative Fault Rule impacts car accident claims is crucial, especially if you’re dealing with injuries, medical bills, or missed work. In this article, we’ll break down how the rule works, why it matters, and what it means for your personal injury case.

What Is Modified Comparative Fault?

In a nutshell, modified comparative fault is a rule that allows accident victims to recover compensation even if they are partially at fault for the crash. However, Texas adds a twist. Under Texas law, you can only recover damages if you are less than 51% at fault. If you are found to be 51% or more responsible, you lose the right to compensation altogether.

Let’s say you’re in a car accident and the court finds you were 30% at fault because you were speeding, but the other driver ran a red light. If your damages total $100,000, your compensation would be reduced by 30%, allowing you to recover $70,000.

This is how Texas’ modified comparative fault rule impacts car accident claims—it determines not just whether you can recover, but how much you can recover based on your level of fault.

Proving Fault After a Texas Car Accident

To understand how the modified comparative fault rule plays out in real life, you need to grasp how fault is determined. Fault is usually decided by:

• Police reports

• Eyewitness statements

• Traffic camera footage

• Expert accident reconstruction

• Statements from both parties involved

Texas is an “at-fault” state, meaning the driver who caused the accident (or their insurance provider) is financially responsible for damages. However, if both drivers share blame, modified comparative fault comes into play.

This is why insurance companies dig deep to shift more fault onto the other party. It’s also why having a car accident attorney is so important—they can gather evidence and defend your role in the accident.

Examples of How the Rule Works in Real Situations

Let’s bring this rule to life with a few real-world examples.

Example 1: Minor Fault, Major Recovery
You’re rear-ended at a red light, but one of your brake lights wasn’t working. The insurance company argues you’re 10% at fault. If your damages are $50,000, you could still recover $45,000.

Example 2: Shared Blame, Reduced Compensation
You’re T-boned at an intersection, but you were going 10 mph over the speed limit. The other driver ran a stop sign. The court finds you 40% responsible. Your original claim of $80,000 gets reduced to $48,000.

Example 3: Majority Fault, No Recovery
You were texting while driving and drifted into another lane, colliding with a car. The other driver was speeding, but you’re found to be 60% at fault. In this case, you receive nothing.

These examples clearly show how Texas’s Modified Comparative Fault Rule impacts car accident claims—your financial recovery is directly tied to your degree of fault.

Why Insurance Companies Love the 51% Rule

Insurance companies use the modified comparative fault rule to their advantage. Their goal is simple: pay you less or nothing at all. That’s why adjusters often try to:

• Get you to admit partial fault during recorded calls

• Misrepresent traffic laws

• Use vague statements against you

• Pressure you into quick settlements before the fault is fully assessed

Every percentage point of fault they can assign to you reduces your payout. If they can push your share of blame above 50%, they win. This is a key reason to avoid speaking to insurance adjusters without legal guidance.

What to Do If You’re Partially at Fault

Being partially at fault doesn’t mean you’re out of luck—but it does mean you need to be strategic. Here’s what to do:

1. Seek Medical Attention Immediately – Document all injuries to avoid disputes later.

2. Call the Police – Their report will be crucial for assigning fault.

3. Avoid Apologizing or Speculating – Anything you say can be used to increase your share of blame.

4. Document the Scene – Photos, witness info, and vehicle damage are powerful evidence.

5. Consult a Car Accident Attorney – A lawyer can assess the facts and push back on exaggerated fault claims.

By taking these steps, you give yourself the best chance to fight unfair blame and secure the compensation you deserve—even if you share some responsibility.

How Shared Fault Affects Settlement Negotiations

In car accident claims, most cases are settled before they ever reach a courtroom. But even during settlement negotiations, how Texas’s Modified Comparative Fault Rule impacts car accident claims becomes a huge factor.

For example, if both parties’ lawyers agree that you’re 25% at fault, the insurance adjuster will likely offer 75% of your claimed damages. But here’s the thing: they often try to inflate your percentage of fault to reduce the payout. That’s where strong legal representation comes in.

Your attorney can challenge those assumptions, provide contrary evidence, and ensure that your role is fairly evaluated, because every percentage point makes a difference.

Comparative Fault and Pain & Suffering Damages

One area where the modified comparative fault rule really hurts accident victims is non-economic damages, such as:

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Loss of companionship

These damages are more subjective and harder to calculate. If the opposing party successfully argues that you were significantly at fault, you may not recover any compensation for your suffering—even if your life was turned upside down.

This underscores the importance of building a strong case from day one.

When to Contact a Car Accident Attorney in Texas

If you’ve been involved in a collision, especially one where blame is being disputed, you should contact a personal injury attorney as soon as possible. A skilled lawyer can:

• Launch an independent investigation

• Subpoena traffic camera footage or black box data

• Identify liable parties

• Handle negotiations with insurance companies

• Ensure evidence of your injuries and losses is properly documented

• Prevent you from accidentally making statements that hurt your case

Time matters. In Texas, you generally have two years from the date of the accident to file a lawsuit. But the sooner you start, the stronger your case will be.

Final Thoughts: Fault Isn’t Always Black and White

Accidents happen fast. And sometimes, even good drivers make mistakes. But just because you may share a portion of the blame doesn’t mean you should go without compensation. Understanding how Texas’s Modified Comparative Fault Rule impacts car accident claims helps level the playing field, especially when insurance companies try to use it against you.

The rule is complex, and outcomes can vary widely depending on how fault is argued and presented. That’s why it pays to have a dedicated legal team in your corner.

Call Razavi Law Group Today

If you’ve been hurt in a car accident and want to know how fault might affect your claim, Razavi Law Group is here to help. Our experienced Texas car accident attorneys know how to navigate the state’s modified comparative fault rules and will fight to protect your right to fair compensation. Don’t let the insurance companies assign you more blame than you deserve—schedule a free consultation with Razavi Law Group today and get the legal support you need.