If you were partially at fault for a car accident in Dallas, TX, you may still be able to recover compensation under Texas law. Texas uses a modified comparative negligence rule: you can recover damages if you are 50% or less responsible for the crash, but your recovery is reduced by your percentage of fault. If you are found to be more than 50% responsible, you cannot recover damages from the other party.
After a serious collision, insurance companies often focus on shifting blame to reduce what they pay. McCallum Law Firm helps injured people investigate the crash, challenge unfair fault allegations, and pursue the compensation they need to move forward.
Texas Modified Comparative Negligence and the 51% Bar
Texas follows a modified comparative negligence system, also called proportionate responsibility. In practical terms, the law looks at each person’s share of responsibility for the accident and adjusts damages accordingly.
The key threshold is commonly known as the 51% bar rule. An injured person may recover compensation only when their percentage of responsibility is 50% or less. If a jury finds that the injured person was 51% or more at fault, recovery is barred.
For example, suppose a driver suffers $200,000 in damages after a collision on US-75. If the driver is found to be 20% responsible because they were speeding, but the other motorist is 80% responsible for making an unsafe lane change, the driver’s damages would be reduced by 20%. The potential recovery would be $160,000 rather than the full $200,000.
Comparative fault does not mean you should assume you have no claim. It means the facts matter—and so does the evidence used to establish those facts.
How Insurers Use Partial-Fault Arguments
Insurance companies have a financial incentive to argue that an injured person contributed to a crash. Even a modest increase in your assigned percentage of fault can substantially reduce the value of a claim.
After a Dallas car accident, an insurer may argue that you were speeding, following too closely, distracted, failed to yield, changed lanes improperly, or could have avoided the collision. These arguments can arise even when the other driver ran a red light, was texting, drove while impaired, or violated another traffic law.
Adjusters may also rely on incomplete police reports, early statements made while you were shaken up, vehicle-damage photos without context, or a selective reading of the available evidence. A quick settlement offer may reflect the insurer’s effort to resolve the case before the full scope of fault, injuries, medical needs, lost income, and future damages is understood.
At McCallum Law Firm, we evaluate the whole record—not simply the insurance company’s version of events. Our goal is to identify the evidence that accurately shows how the collision happened and who should be held accountable.
Why Fast Evidence Collection Matters in Dallas, TX
Evidence can disappear quickly after a collision. Skid marks fade, damaged vehicles are repaired or destroyed, surveillance footage may be overwritten, and witnesses can become difficult to locate. Acting promptly can make a meaningful difference when fault is disputed.
This is especially important after crashes on heavily traveled Dallas roads such as I-30, LBJ Freeway, and US-75. High traffic volume, complex interchanges, construction zones, aggressive lane changes, and sudden stop-and-go conditions can create competing accounts of what occurred.
Important evidence may include:
- Dashcam footage from either vehicle or nearby commercial vehicles;
- Witness statements from people who saw the impact, the traffic signal, or the drivers’ actions before the crash;
- Photos and video of vehicle positions, debris, roadway markings, weather, lighting, and visible injuries;
- Police reports and any available 911 recordings;
- Vehicle data, including event data recorder information when appropriate;
- Accident reconstruction analysis for serious or contested crashes; and
- Medical documentation connecting the injuries to the collision and showing their full impact.
Accident reconstruction can be particularly valuable in high-speed, multi-vehicle, commercial vehicle, and catastrophic injury cases. Qualified experts may analyze impact points, crush damage, roadway evidence, sightlines, braking, speed, and vehicle movement to test whether an insurer’s version of the crash makes sense.
Partial Fault Can Affect Every Category of Damages
When an injured person is found partly responsible, the percentage reduction generally applies to the damages awarded in the case. Depending on the circumstances, recoverable damages may include medical expenses, future treatment costs, lost wages, diminished earning capacity, pain and suffering, physical impairment, disfigurement, and property damage.
That is why a fault dispute should never be treated as a minor issue. If an insurer convinces a jury that you were 30% responsible rather than 10% responsible, the difference can be significant—particularly where injuries are severe and the financial losses are substantial.
A knowledgeable Dallas Car Accident Lawyer
can assess the circumstances, identify the parties who may share responsibility, and work to prevent unsupported allegations from unfairly reducing your recovery.
A Trial-Ready Approach to Disputed Car Accident Claims
Insurance companies evaluate claims differently when they know the injured person’s legal team is prepared to investigate thoroughly and take the case to trial when necessary. McCallum Law Firm brings a trial-focused approach to serious motor vehicle claims in Dallas, TX and across Texas.
Our track record includes a $6.4 million motor vehicle verdict, described as the second-largest verdict in Lubbock County history. Every case is different, and past results do not guarantee future outcomes. Still, the result reflects the level of preparation, persistence, and courtroom advocacy McCallum Law Firm brings to high-stakes injury cases.
If an insurer is attempting to place blame on you after a crash, it is important to obtain legal guidance before accepting a settlement or giving a detailed recorded statement. A Personal Injury Lawyer in Dallas, TX
can help protect your interests while the evidence is still available.
What to Do if You May Be Partly at Fault
If you believe you may have contributed to a Dallas accident, do not admit fault at the scene or assume the other driver’s version is correct. Get medical care, report the collision when appropriate, preserve photos and video, save dashcam footage, identify witnesses, and keep records of expenses and missed work.
Be careful when speaking with the other driver’s insurer. You can provide basic information, but avoid speculation about speed, visibility, or what you “could have done differently” before the facts are investigated. Seemingly casual statements can later be used to support a comparative-fault argument.
FAQ
Can I recover compensation if I was 10% at fault?
Yes. If you are 10% responsible, Texas law generally allows recovery, but your damages are reduced by 10%.
What happens if I am exactly 50% at fault?
You may still recover compensation if you are 50% responsible or less. However, your recovery would be reduced by your percentage of responsibility.
What if the insurance company says I caused the accident?
An insurer’s allegation is not the final word. Evidence such as dashcam video, witness statements, vehicle data, and accident reconstruction may contradict the insurer’s position.
Do I need an attorney if fault is disputed?
Disputed-fault cases can be difficult because the fault percentage directly affects the value of the claim. Legal representation can help preserve evidence, communicate with insurers, and build a persuasive case.
How soon should I contact a lawyer after a Dallas car accident?
As soon as possible. Early action may help preserve video, locate witnesses, inspect vehicles, and document the conditions that led to the crash.
If you were injured in a Dallas crash and the insurance company is trying to blame you, call McCallum Law Firm for a free consultation at (214) 702-0555 or contact us online.
