This Blog was published by Carabin Shaw Personal Injury Lawyers – San Antonio Car Accident Attorneys

Understanding Fault and Liability in Texas Car Accidents

When a car accident happens in Texas, one of the first questions that needs to be answered is who caused it. Fault determines which driver’s insurance is responsible for paying damages, and it directly affects how much compensation an injured person can recover. The process of establishing fault is rarely as simple as it sounds, which is exactly why having experienced car accident lawyers on your side makes such a critical difference. The car accident lawyers in Houston at Carabin Shaw have decades of experience proving fault in car accident cases across Texas, and they understand how insurance companies try to shift blame onto victims to avoid paying what they owe. Skilled car accident attorneys know how to counter these tactics and protect your right to full compensation.

Texas operates under a modified comparative fault system, and understanding how it works can mean the difference between recovering a fair settlement and walking away with nothing. The car accident attorneys in Austin at Carabin Shaw explain this rule to every client because it has a direct impact on the outcome of their case. Under Texas law, you can recover damages as long as you are not more than 50 percent responsible for the accident. However, your compensation is reduced by your percentage of fault. Car accident lawyers fight aggressively to minimize their clients’ assigned fault percentage because even a small shift can mean thousands of dollars in lost compensation.

This is one area where insurance companies play their most aggressive games. Adjusters are trained to look for any opening to pin blame on the injured person, whether that means claiming you were following too closely, not paying attention, or traveling slightly over the speed limit. Having car accident attorneys who know how to push back on these tactics is essential to protecting the full value of your claim.

How Fault Is Determined in Texas

Determining fault in a Texas car accident involves analyzing multiple sources of evidence. Police reports often provide the first indication of who was at fault, as the responding officer typically includes their assessment based on observations at the scene, statements from drivers and witnesses, and physical evidence like skid marks and vehicle positioning.

However, police reports are not the final word. Insurance companies conduct their own investigations, and if a lawsuit is filed, fault becomes a question for a jury to decide based on all available evidence. A thorough investigation may include reviewing traffic camera footage, analyzing cell phone records to detect distracted driving, obtaining the vehicles’ electronic data recorders, and consulting accident reconstruction experts to calculate speeds, angles of impact, and braking distances.

The 51 Percent Bar Rule

Texas follows what legal professionals call the 51 percent bar rule. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant’s recovery is barred entirely if they are found to be more than 50 percent responsible for the accident. If you are 50 percent or less at fault, your damages are simply reduced proportionally.

For example, if a jury determines that your total damages are worth $200,000 but you were 20 percent at fault, your recovery would be reduced to $160,000. If you were found 51 percent at fault, you would receive nothing. This is why the fight over fault percentages is one of the most contested aspects of any car accident case in Texas.

Multiple Parties Can Share Fault

Not every car accident involves just two drivers. Texas law allows fault to be distributed among multiple parties, including drivers, vehicle manufacturers, government entities responsible for road maintenance, and even employers of at-fault commercial drivers. When multiple parties share fault, each is responsible for their proportional share of the damages.

Identifying all potentially liable parties is a critical task that experienced lawyers handle as part of their investigation. In some cases, a third-party driver whose actions triggered a chain reaction may bear responsibility even if they did not make direct contact with your vehicle. A defective vehicle component, like faulty brakes or a blown tire, could shift some liability to the manufacturer.

Evidence That Proves Fault

Building a strong case for fault requires gathering and preserving multiple types of evidence. Key evidence in Texas car accident cases includes the police accident report, photographs and videos from the scene, witness statements, medical records linking injuries to the crash, cell phone records showing distracted driving, black box data from vehicles, traffic camera and business surveillance footage, and expert testimony from accident reconstructionists.

Time is critical when it comes to evidence. Surveillance footage is routinely overwritten within days, witness memories fade, and physical evidence at the scene is cleaned up quickly. Contacting a lawyer promptly after an accident ensures that critical evidence is preserved before it disappears.

How Insurance Companies Manipulate Fault

Insurance companies have a financial incentive to assign as much fault as possible to the person making the claim. Common tactics include cherry-picking statements you made at the scene or to adjusters, citing minor traffic violations as evidence of negligence, using your medical history to argue that injuries were pre-existing, and hiring their own experts to dispute the findings of your accident reconstruction analysis.

One particularly deceptive tactic involves the initial recorded statement. An adjuster may call shortly after the accident, seeming friendly and concerned, and ask you to describe what happened. During that conversation, they will ask leading questions designed to get you to admit some degree of fault. Anything you say during that call becomes part of the claim file and can be used against you.

Protecting Your Rights

The best way to protect yourself from unfair fault assignment is to let an experienced lawyer handle all communications with insurance companies from the very beginning. Do not give recorded statements, do not sign medical authorizations, and do not accept any settlement offers until you have spoken with a legal professional who can evaluate your case.

The car accident lawyers at Carabin Shaw understand how fault fights are won and lost in Texas. They bring the investigative resources, legal knowledge, and negotiation skills necessary to make sure you are not unfairly blamed for an accident that someone else caused. With free consultations and contingency fee representation, there is no financial barrier to getting the legal help you need. Contact Carabin Shaw today and let them start fighting for you.