Can I Still Recover Compensation If I Was Partially at Fault for a Car Accident in Texas?

Many car accidents aren’t black and white. Fault is often shared—maybe one driver was speeding, but the other didn’t yield. Or maybe both drivers made decisions that contributed to the crash. So what happens if you were partially at fault for your accident?

At Mahdavi Law Firm, one of the most common questions we hear from potential clients is:

“Can I still get compensation if I made a mistake too?”

The answer in Texas is yes, depending on your level of fault. In this blog post, we explain how fault is determined in Texas car accident claims, and how it can affect your ability to recover compensation.

Texas Uses a Modified Comparative Fault Rule

Texas follows a legal doctrine known as modified comparative fault, also called proportionate responsibility. Under this rule, you can recover compensation as long as you are not more than 50% at fault for the accident.

However, your compensation will be reduced by your percentage of fault. For example:

• If you are found to be 20% at fault, your total compensation will be reduced by 20%.
• If you are 51% or more at fault, you cannot recover any damages under Texas law.

This is why it’s critical to work with an experienced attorney—small differences in how fault is assigned can have a big impact on your claim.

How Is Fault Determined?

Fault in a car accident is typically determined by:

• Police reports
• Crash scene evidence
• Witness statements
• Traffic camera or dash cam footage
• Vehicle damage and crash dynamics
• Statements made to insurance companies
• Expert testimony (e.g., accident reconstruction)

Insurance companies will conduct their own investigation—but they don’t always get it right. Their primary goal is to limit their financial exposure, and they may try to shift blame onto you, even unfairly. At Mahdavi Law Firm, we conduct our own independent investigation to ensure the facts are clear and your rights are protected.

Examples of Shared Fault

Here are a few common scenarios where fault might be split between drivers:

• Rear-End Collision with Sudden Stop

A driver is rear-ended at a stoplight. Normally, the rear driver is presumed at fault—but if the front driver suddenly braked without reason or had faulty brake lights, fault could be shared.

• Left Turn at Intersection

A driver making a left turn is hit by an oncoming car. While the turning driver may be mostly at fault, if the other driver was speeding or ran a yellow light, fault could be apportioned.

• Lane Change Collision

Two cars merge into the same lane and collide. If both failed to check their blind spots or signal, both may share liability.

What Happens If You’re Assigned Too Much Fault?

If you disagree with how much fault was assigned to you—by the insurance company or the other party—you have the right to challenge that determination. Insurance adjusters may try to blame you to reduce or deny your claim, especially if you’re unrepresented.

We’ve seen clients come to us after being told they’re 60% at fault—only to discover, after investigation, that they were clearly in the right. With proper legal advocacy, we can present the facts, negotiate with the insurer, and pursue litigation if necessary to fight back against unfair blame.

What Damages Can You Recover if You’re Partially at Fault?

Even if you share some responsibility for the accident, you may still be entitled to:

• Medical expenses
• Future medical treatment
• Lost income
• Reduced earning potential
• Pain and suffering
• Emotional distress
• Vehicle repair or replacement
• Disability or disfigurement

The total amount will be reduced by your percentage of fault, but every dollar counts—especially when you’re facing medical bills and time off work.

Why Legal Representation Matters Even More in Shared-Fault Cases

When fault is disputed or shared, it becomes especially important to have legal representation. The outcome of your case could hinge on a few percentage points of liability—and insurance companies are experts at stacking those percentages in their favor.

At Mahdavi Law Firm, we:

• Investigate every detail of the crash
• Gather and preserve evidence to limit your share of fault
• Consult accident reconstruction experts when needed
• Handle all negotiations with insurance companies
• Prepare your case for trial if necessary

Our goal is not just to get you compensation—but to maximize your recovery by protecting you from being unfairly blamed.

Time Is Critical – Don’t Wait to Protect Your Rights

Texas has a two-year statute of limitations for most car accident injury claims. But waiting too long can also make it harder to gather evidence, locate witnesses, or dispute a faulty insurance finding.

If you’ve been told you’re at fault—or even partially at fault—don’t give up. Let our team take a second look.

Final Thoughts

Being partially at fault doesn’t mean you’re out of options. Texas law allows you to recover compensation as long as you’re not more than 50% responsible—and with the right legal strategy, you may recover more than you expect.

If you’ve been injured in a car accident and are unsure who’s to blame, contact Mahdavi Law Firm today. We’ll give you clear answers, honest advice, and fight hard to get you what you deserve.