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What if I Was Partially At Fault for the Accident?

What if I Was Partially At Fault for the Accident?
If you were partially to blame for an auto accident, you can still recover compensation for your medical bills, lost wages, and other damages, depending on your level of fault. However, your settlement or award will be reduced based on that percentage. When liability is disputed it’s important to obtain legal representation. The other driver’s insurance provider may argue that you were solely responsible for the accident or assign you a higher percentage of fault to minimize payout or deny your claim. Working with an experienced car accident lawyer will level the playing field and can ensure you recover the fair compensation you deserve.

What is Comparative Negligence?

Texas follows a modified comparative negligence rule. Under the modified comparative negligence rule, you can still recover economic and non-economic damages even if you are partially at fault for an auto accident.

However, your compensation will be reduced by your percentage of fault, and you will be unable to recover any compensation if you are found 51% or more at fault for the automobile accident. For example, if you are 20% at fault and your total damages are $10,000, your recoverable amount would be reduced by 20%, resulting in a $8,000.

How Does a Car Accident Lawyer Determine Fault ?

When you hire a car accident lawyer, they will investigate your accident to determine which party was at fault.

This can involve gathering evidence, such as the police report, witness statements, photos of the accident scene and your injuries, video footage, phone records, and more.

They will also consult with experts, such as accident reconstructionists, to reconstruct the events of the accident and identify how and why it occurred, and which party was negligent.

How Does the Insurance Company Determine Fault?

Like a car accident lawyer, an insurance company will also conduct an accident investigation to identify the liable party and assign their percentage of fault.

They will review the accident report, which contains valuable information, including statements from drivers and witnesses, diagrams of the accident scene, and the police officer’s accident investigation findings.

They will also consider all factors that contributed to the collision, including:

  • Traffic violations
  • Weather and road conditions
  • Actions of each driver involved

Based on the claim’s adjuster’s findings, the insurance company will assign a percentage of fault to each party involved in the accident.

Settlement Negotiations

When your attorney is ready to begin settlement negotiations with the other driver’s insurer, they will provide evidence of your level of fault. Your attorney may believe your assigned percentage of fault was 10%, while the insurance company may have assigned you a much higher percentage of fault.

If the insurance company denies your claim, unfairly assigns you a higher percentage of fault, or refuses to make a reasonable settlement offer, your attorney may file a lawsuit on your behalf and present your case before a judge and jury. In court, a judge or jury will hear both sides to determine the percentage of fault that should be assigned to each party.


Ben Dominguez


Ben Dominguez, a seasoned attorney based in Houston, offers exceptional legal guidance and representation. With 27 years of experience, Ben has a strong track record of litigating high-profile cases, securing damages for clients, and achieving not-guilty verdicts in serious criminal charges. His expertise extends beyond the courtroom; he has spoken before Texas legislative committees, contributed to political campaigns, and engaged with national media. Located a block from the Museum of Fine Arts, his law firm embodies a commitment to justice, demonstrating a work ethic and personalized approach that are key to successful legal outcomes. Ben’s dedication to respect and understanding for all clients sets him apart in the legal field.  Learn More

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If you were involved in an accident that was caused by the negligence of another person or entity, the personal injury lawyers at the Ben Dominguez Law Firm are here to help.

Let our legal team handle every aspect of your case, so you can focus on what matters most, your health and moving on with your life. Contact us today to learn more.