Generally, the person who caused your injuries is legally liable for the harm you incur under negligence laws. You can recover money for medical bills, pain, lost wages, and other economic and non-economic damages. However, contributory fault in Texas could bar you from receiving compensation for injuries and losses after a car accident or other injury.
Understanding your rights in Texas can help you protect your personal injury settlement.
Contributory fault, also known as contributory negligence, is a legal theory that can impact how much you receive for a personal injury claim. Under the theory of contributory fault, injured parties are barred from receiving damages if they share the blame for causing their injuries.
If you are just 1% to blame for causing your injuries, contributory fault bars you from receiving any money for your claim. Only a few states and the District of Columbia use the pure contributory fault standard.
The other states use a form of comparative negligence or modified comparative negligence to apportion damages based on the personal injury percentage of fault. Comparative negligence divides damages based on each party’s percentage of blame for an accident.
Texas Civil Practice & Remedies Code §33.001 defines the state’s standard for comparative negligence. The statute refers to comparative fault as “proportionate responsibility” and provides a 51 percent rule.
Texas’s 51 percent rule bars injured parties from receiving damages in a personal injury case if their level of fault is more than 50 percent. For example, if a jury determines you are 55% to blame for an accident, you receive no damages.
On the other hand, if you are less than 51% to blame, you can recover a portion of your damages. The amount you receive is based on your level of fault. For instance, if you are 20% to blame for your accident, the judge will reduce the damages award by 20 percent.
Let’s take a closer look at how comparative fault can impact your personal injury case in Texas.
Suppose a jury decides that you are partially responsible for causing the car accident that resulted in your injuries. The damages for a shared fault car accident in Texas are based on comparative negligence.
In your case, the jury awards you $250,000 for damages, but also finds you are 10% at fault for causing the car crash because you were speeding. Instead of receiving $250,000, you would receive $225,000 (the total award less 10% or $25,000).
Comparative negligence in slip and fall accidents works similarly. Suppose you were injured in a slip and fall accident at a shopping mall. However, you ignored the warning signs placed by the mall to alert you to a potential hazard.
The jury may find that you are 51% at fault for causing your injury. In that case, you would receive nothing from the mall for damages because your fault is more than 50 percent.
Insurance companies focus on protecting their bottom line—not paying you full compensation for your injuries. One way they reduce or deny claims is by shifting some or all of the blame to you. This strategy, known as contributory fault, can significantly impact your recovery.
Common tactics include:
These strategies can be subtle but highly damaging to your case. Knowing them in advance gives you the power to avoid falling into these traps.
Once you understand how insurers use contributory fault, you can take steps to protect yourself. The right approach can prevent unintentional mistakes that could harm your claim. Here are practical ways to safeguard your rights:
By following these steps, you can strengthen your position and limit the insurance company’s ability to undermine your claim. Partnering with a skilled personal injury lawyer ensures you have someone protecting your interests from the very start.
If you have questions about contributory fault and how it may affect your personal injury case, consider speaking with an experienced attorney. A knowledgeable lawyer can explain how state tort law applies to your situation, evaluate your options, and guide you through the process of protecting your right to fair compensation.
If you’ve been injured in a personal injury, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today:
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500, Suite 290, Salt Lake City, UT 84104
(385) 462-7630
