Texas personal injury law does not always assign full blame to one person. Many accidents involve shared fault, meaning that both the injured party and the other side may bear responsibility. In these situations, Texas uses a system called modified comparative fault. This rule can greatly affect the amount of compensation you receive after an accident. Understanding how it works is critical if you have been injured in El Paso or surrounding communities.
What Comparative Fault Means in Texas 
Comparative fault, also called proportionate responsibility, allows courts and insurance companies to assign percentages of blame to everyone involved in an accident. If you are injured in a crash, a fall, or another type of accident, your role in the incident will be carefully examined. Even small decisions, such as whether you were distracted at the time or whether you followed safety rules, can play into the calculation.
Texas follows a modified version of comparative fault. If you are found to be more than 50 percent responsible for the accident, you cannot recover damages. If you are 50 percent or less responsible, you may still receive compensation, but your award will be reduced by your percentage of fault. This rule is sometimes referred to as the 51 percent bar.
How Comparative Fault Works in Practice
Imagine a car accident on I-10 in El Paso where one driver was speeding and the other was texting. The driver who was texting is hit and suffers injuries. A court may decide that the speeding driver was 70 percent responsible, while the texting driver was 30 percent responsible. If the injured driver is awarded $100,000 in damages, their recovery will be reduced by 30 percent, resulting in $70,000.
In another example, a pedestrian crosses outside of a crosswalk and is hit by a driver who was driving well above the speed limit. The court might assign fault to both the pedestrian and the driver. If the pedestrian is found 60 percent at fault, they cannot recover damages at all under Texas law.
Enrique Chavez
Texas Trial Attorney
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These examples show why comparative fault matters so much. Even if you are partly responsible, you may still recover compensation as long as your share of fault is not more than half.
Comparative Fault in Car Accident Cases
Car accidents are one of the most common situations where comparative fault comes into play. In El Paso, heavy traffic, weather conditions, and distracted driving often contribute to crashes. Two drivers may both make mistakes that lead to a collision. One driver may run a red light while the other was distracted by a phone. Both errors may be considered in determining responsibility.
Comparative fault also matters when multiple vehicles are involved. For example, in a chain reaction crash, several drivers may share responsibility. Insurance companies and courts must carefully sort through evidence to assign percentages of fault to each driver.
Comparative Fault in Truck Accident Cases
Truck accidents often involve serious injuries and multiple responsible parties. The truck driver, the trucking company, the company responsible for loading the truck, or even a manufacturer of faulty equipment may share blame. Comparative fault can complicate these cases because several parties may be assigned percentages of responsibility.
For instance, if a truck driver was fatigued but the trucking company also failed to maintain the brakes properly, both may bear responsibility. At the same time, if a smaller vehicle was driving aggressively around the truck, fault may also be shared with that driver. These cases require strong legal advocacy to ensure that fault is assigned fairly.
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Comparative Fault in Slip and Fall and Premises Liability Cases
Slip and fall accidents and other premises liability claims also involve comparative fault. Property owners have a duty to keep their premises reasonably safe, but injured individuals are also expected to exercise caution. If a person ignores warning signs, enters a clearly restricted area, or fails to pay attention to obvious hazards, they may be assigned part of the blame.
For example, someone who slips on a wet floor in a store may claim the business failed to clean it up quickly. If the video shows that the injured person was running in an area marked with caution signs, the court may assign part of the responsibility to them. This reduces the damages they can recover.
The Role of Evidence in Determining Fault
Comparative fault decisions depend heavily on evidence. Police reports, witness testimony, surveillance footage, photographs of the scene, and expert analysis all play important roles. The stronger your evidence, the less likely you are to be unfairly assigned a higher percentage of fault.
Insurance companies often try to shift blame onto the injured person in order to reduce payouts. They may claim you were distracted, careless, or failed to follow safety guidelines. Having experienced legal representation is critical to challenge these claims and protect your right to compensation.
Comparative Fault and Settlement Negotiations
Most personal injury cases settle before going to trial. Comparative fault still plays an important role in settlement negotiations. Insurance adjusters may argue that you were partly to blame and therefore deserve less money. Skilled attorneys know how to push back against these arguments, present strong evidence, and negotiate for a fair settlement.
If settlement negotiations fail, comparative fault becomes a key issue at trial. A jury may be asked to assign percentages of responsibility to everyone involved. This decision directly impacts how much money you can recover.
Why Comparative Fault Is Especially Important in El Paso
El Paso’s location along the border and its busy highways mean that accidents often involve complex circumstances. Heavy commercial truck traffic, weather changes, and cross-border driving can make cases more challenging. Comparative fault is frequently raised by defense attorneys and insurance companies in this region.
For example, a driver from New Mexico may collide with a Texas driver in El Paso. Different driving habits and rules can come into play, making it more likely that both sides will argue about fault. In addition, construction zones along I-10 or Mesa Street often contribute to accidents where multiple parties may share responsibility.
How an Attorney Can Help With Comparative Fault
Dealing with comparative fault on your own can be overwhelming. Insurance companies may use it as a strategy to reduce or deny your claim. An experienced attorney understands how to investigate accidents, gather evidence, and fight against unfair blame. They can work with accident reconstruction experts, medical professionals, and other specialists to strengthen your case.
At Chavez Law Firm, we have handled numerous cases involving comparative fault. Our knowledge of Texas law and our experience with local courts in El Paso allow us to anticipate the tactics insurance companies use. We focus on building a strong case to minimize your assigned fault and maximize your recovery.
If you or a loved one has been injured in El Paso or nearby areas, contact Chavez Law Firm today. Our team is ready to explain how comparative fault may impact your case and help you pursue the compensation you deserve. Call us to schedule your free consultation.