Understanding Comparative Fault in Texas: What Houston Injury Victims Need to Know
When you’ve been seriously injured due to someone else’s negligence, the last thing you want is for the at-fault party—or their insurance company—to point the finger back at you. Yet in Texas, the concept of comparative fault makes this a very real possibility. If you're navigating a personal injury case in Houston or anywhere in Texas, understanding how comparative fault could impact your claim is essential to pursuing the compensation you rightfully deserve.
This blog breaks down the essentials of Texas’s modified comparative fault rule, how it affects your potential recovery, and what steps you can take to protect your claim.
What Is Comparative Fault?
In personal injury law, comparative fault (also called "comparative negligence") is a legal principle that allocates blame among all parties involved in an accident. Under this rule, each party’s degree of fault is assessed, and any financial recovery is adjusted accordingly.
For example, if you’re found to be partially at fault for your injury, your compensation may be reduced in proportion to your share of the blame.
Texas Uses Modified Comparative Fault—What That Means for You
Texas follows a rule known as modified comparative fault with a 51% bar. This means:
If you are 50% or less at fault for the incident, you can still recover damages.
If you are 51% or more at fault, you are barred from recovering any compensation.
This is where many injury claims in Texas can become contentious. Insurance companies are often quick to argue that the injured party bears a significant portion of blame, hoping to reduce or eliminate their financial liability.
“Comparative fault is one of the biggest obstacles injury victims face in Texas,” says Amy Dunn, a Houston-based personal injury attorney. “Insurance adjusters will work hard to assign blame where it doesn't belong. That’s why having a skilled lawyer by your side can make all the difference.”
Examples of Comparative Fault in Real Life
Understanding how comparative fault works in practice can help you spot tactics used against your claim. Here are a few examples:
Car Accident
You’re rear-ended at a stoplight, but the other driver claims your brake lights were out. You’re found to be 10% at fault. If your total damages are $100,000, you could recover $90,000.
Slip and Fall Injury
You slip on a wet floor at a grocery store, but you were looking at your phone at the time. The jury finds you 30% at fault. If your damages are $200,000, your recovery would be reduced to $140,000.
Pedestrian Accident
You were jaywalking at night when a distracted driver hit you. The court finds you 55% responsible. Unfortunately, under Texas law, you would not be entitled to recover damages because your fault exceeds 50%.
Why Insurance Companies Use Comparative Fault to Their Advantage
Insurance carriers have one goal: to minimize their payouts. One of the most effective ways they accomplish this is by using comparative fault to blame you.
Some of the tactics they might use include:
Twisting your words from recorded statements
Claiming your actions were reckless or negligent
Hiring experts to argue you contributed to the accident
Digging through your social media for anything that contradicts your injury claims
This is why it’s crucial not to give a statement or sign anything before speaking with an experienced personal injury attorney.
Protecting Your Rights After an Accident
You can protect your injury claim by taking the following steps:
1. Document Everything
Take photos of the scene, your injuries, and any hazards. Write down everything you remember while it’s fresh in your mind.
2. Get Witness Statements
Eyewitness accounts can support your version of events and help establish liability.
3. Avoid Admitting Fault
Even saying “I’m sorry” can be used against you later. Let the facts speak for themselves.
4. Seek Medical Attention Immediately
Prompt care not only supports your health—it creates a strong medical record that ties your injuries to the incident.
5. Consult a Personal Injury Lawyer
A seasoned attorney will know how to counter comparative fault arguments and advocate fiercely on your behalf.
How Amy Dunn Helps Clients Push Back Against Blame
As a Houston-based injury lawyer with extensive experience handling catastrophic cases, Amy Dunn knows the pressure clients face when fault is in dispute.
“Too often, victims blame themselves because someone else tells them to,” says Amy. “My job is to uncover the truth, stand up to unfair tactics, and pursue maximum compensation for the people who need it most.”
Whether you were injured in a car crash, a truck accident, a premises liability incident, or another act of negligence, Amy’s mission is to fight for every dollar her clients deserve—especially when the other side tries to turn the tables.
The Emotional Toll of Being Blamed After an Injury
Being hurt is painful enough—but being blamed for what happened can be deeply traumatic.
You may start to question yourself or feel isolated and overwhelmed. Friends, family, or even social media strangers might jump to conclusions without knowing the facts. Insurance companies may treat you like a liability instead of a human being who’s hurting. These experiences are more than just frustrating—they're emotionally exhausting.
“One of the most damaging things a victim can hear is that they somehow caused their own suffering,” says Amy Dunn. “My role is to push back against those unfair accusations and stand up for people when they feel powerless.”
Injury victims often deal with anxiety, guilt, or even depression after being wrongly blamed. These feelings can impact your recovery and make it even harder to move forward. That’s why it’s so important to have someone in your corner who will fight for your truth—and your dignity.
If someone else’s negligence caused your injuries, you deserve to be treated with respect, not suspicion.
Frequently Asked Questions About Comparative Fault in Texas
Can I still recover compensation if I was partially at fault?
Yes—as long as you are 50% or less at fault, you may recover damages reduced by your percentage of responsibility.
How is fault determined?
Fault is decided by the insurance company or, if your case goes to trial, by a judge or jury based on evidence and testimony.
What if multiple people were at fault?
Texas uses a system of proportionate responsibility. Fault can be divided among several parties, including individuals, companies, and governmental entities.
What happens if I don’t agree with the fault assessment?
You have the right to challenge the determination. That’s why it’s important to have a knowledgeable attorney advocating for you.
Don’t Let Comparative Fault Derail Your Claim—Get Legal Help Now
If you’re dealing with serious injuries after an accident and someone is trying to pin the blame on you, don’t wait. The longer you go without representation, the more vulnerable your claim becomes.
Attorney Amy Dunn understands the unique challenges that injury victims face in Houston and across Texas. Her mission is to advocate for clients who’ve been hurt—and ensure that unjust blame doesn’t stop them from seeking justice.
Take the First Step Toward Justice
If you or someone you love has been injured and you're worried about being blamed, you don’t have to navigate this fight alone. Let Amy Dunn review your case and help you understand your legal options.
Schedule a free consultation today to find out how you can pursue maximum compensation—even if someone else is pointing fingers.