Yes — under Texas law, you can still recover compensation after a car accident if you were 50% or less at fault. However, your settlement will be reduced by your percentage of fault. If you are found 51% or more responsible, you cannot recover any compensation. This rule is known as modified comparative negligence, and it plays a major role in personal injuryEl Paso Personal Injury Attorney cases throughout El Paso and across Texas.

Below is a simple breakdown of how fault affects your case.

What Is Texas’ Modified Comparative Negligence Rule?

Texas follows a legal standard called the 51% Bar Rule.

Here’s how it works:

  • If you are 0–50% at fault, you can recover compensation.
  • If you are 51% or more at fault, you recover nothing.

Your total compensation is reduced by your percentage of responsibility.

This rule applies to:

How Fault Reduces Your Settlement (Simple Math Examples)

Understanding how fault affects compensation is critical.

Example 1:

Total damages = $50,000
You are found 10% at fault

$50,000 – 10% = $45,000 recovery

Example 2:

Total damages = $40,000
You are 25% at fault

$40,000 – 25% = $30,000 recovery

Example 3:

Total damages = $60,000
You are 51% at fault

Recovery = $0

Once fault crosses 51%, you lose the right to compensation.

How Is Fault Determined After a Car Accident?

Fault may be determined using:

  • Police reports
  • Traffic camera footage
  • Witness statements
  • Vehicle damage analysis
  • Accident reconstruction experts

Accidents on I-10, Loop 375, US-54, Montana Avenue, Mesa Street, or Zaragoza Road often involve multiple drivers and disputed liability.

Insurance companies conduct their own investigations — and their goal is often to shift more blame onto you.

How Insurance Companies Try to Increase Your Fault Percentage

Insurance adjusters may attempt to argue that you:

  • Were speeding
  • Failed to brake in time
  • Were distracted
  • Changed lanes improperly
  • Contributed to the collision

Even small increases in fault percentage can reduce your compensation by thousands of dollars.

Example:

If your damages total $40,000, and fault increases from 10% to 30%, your recovery drops from:

$36,000 → $28,000

That’s an $8,000 difference.

What Evidence Helps Reduce Your Fault Percentage?

Strong documentation can help protect your case:

  • Immediate medical treatment (within 24–72 hours)
  • Clear accident scene photos
  • Prompt police reporting
  • Witness contact information
  • Vehicle repair documentation

Early action often strengthens your position in fault disputes.

What If Both Drivers Share Blame?

It is common for both drivers to share some responsibility.

As long as you are 50% or less at fault, you may still recover compensation.

However, determining fault percentages can become complicated — especially when:

  • There are multiple vehicles
  • There are conflicting statements
  • There are no independent witnesses

This is often where legal guidance becomes valuable.

When Should I Speak With a Personal Injury Lawyer?

You should consider consulting an attorney if:

  • The insurance company is blaming you
  • Fault is disputed
  • You are being pressured to give a recorded statement
  • You believe the other driver was primarily responsible
  • Your medical bills exceed $3,000

Under Texas law, you generally have 2 years from the accident date to file a lawsuit.

Waiting too long can weaken your position.

Why Choose a Local, Spanish-Speaking El Paso Personal Injury AttorneyEl Paso Personal Injury Attorney?

Fault disputes require careful handling.

Jaime Alvarado & Associates has:

  • Over 25 years serving the El Paso community
  • Experience handling fault disputes under Texas law
  • Full bilingual representation (Spanish and English)
  • Free consultations
  • No fee unless we win

Clear communication is critical when discussing responsibility and settlement options.

Schedule a Free Consultation

If you were injured in a car accident in El Paso and are worried you may have been partly at fault, you may still have a valid claim.

Before accepting any settlement offer, understand:

  • How fault percentages affect compensation
  • What evidence may support your case
  • Whether you are under the 51% threshold

Contact Jaime Alvarado & Associates today for a free consultation.
No upfront fees. No obligation.