When you are injured in an accident, one of the most critical factors determining the success of your claim is “fault.” In Texas, we don’t use a simple “all or nothing” system. Instead, our state follows a specific legal doctrine known as “proportionate responsibility,” also called modified comparative fault. This rule is one of the most significant challenges in any personal injury law case. As a law firm in Houston, Salazar & Velazquez, P.C. is dedicated to helping accident victims, we believe it is essential for our clients to understand how this law directly impacts their right to compensation.
What is Proportionate Responsibility?
Proportionate responsibility is the legal standard Texas courts use to allocate fault among everyone involved in an accident. Found in Chapter 33 of the Texas Civil Practice and Remedies Code, this law mandates that the jury (or judge) must assign a percentage of fault to each party. This includes the person seeking compensation (the plaintiff) and the person they are seeking it from (the defendant). This percentage is not arbitrary; it is based on the evidence presented by each side.
The 51% Bar Rule Explained
The most severe part of this law is what we call the “51% bar.” This rule states that you cannot recover any damages if you are found to be 51% or more responsible for the incident that caused your injuries. If a jury determines you were 50% at fault and the other driver was 50% at fault, you can still recover. But if that number tips to 51%, your claim is legally barred, and you receive nothing.
How Your Compensation is Reduced
If you are found to be 50% or less at fault, you can still recover compensation, but your final award will be reduced by your percentage of fault. For example, if you sustained $100,000 in damages from a car accident, but the jury finds you were 10% at fault (perhaps for braking too slowly), your total recovery would be reduced by that 10%. You would be eligible to receive $90,000 instead of the full amount.
Why Insurance Companies Use This Law
Insurance adjusters are experts in using the proportionate responsibility rule to their advantage. Their primary goal is to minimize or deny claims. They will investigate the accident looking for any small detail they can use to assign a percentage of fault to you. By shifting even 20% or 30% of the blame, they can save their company a significant amount of money. Their ultimate goal is to push your fault percentage to 51% so they can legally deny your claim entirely.
The Importance of Gathering Strong Evidence
Because fault is a matter of percentages, winning your case is not just about proving the other party was negligent. It is about proving the degree of their negligence compared to your own actions. This is why gathering strong evidence immediately is so crucial. We work to secure police reports, traffic camera footage, witness statements, and accident reconstruction analysis. This evidence helps us build a case that clearly demonstrates the other party’s high degree of fault while minimizing any blame shifted onto you.
How a Personal Injury Attorney Fights for You
As a dedicated personal injury attorney team in Houston, we understand every tactic insurance companies use regarding the 51% rule. We build a robust case from the very beginning to counter these blame-shifting strategies. We meticulously investigate your accident, gather all necessary evidence, and prepare to compellingly argue why the other party is overwhelmingly responsible for your injuries. Our experience with Texas personal injury law allows us to protect our clients and fight for the maximum compensation they are legally entitled to.
Navigating Texas’s proportionate responsibility law is complex and not something you should face alone, especially while recovering from an injury. The insurance company has a legal team, and you deserve one, too. Don’t risk your right to compensation. The experienced attorneys at Salazar & Velazquez, P.C. are here to analyze your case and fight for the justice you deserve. If you’ve suffered a personal injury in Houston, contact our office today for a free, no-obligation consultation to learn more about your rights.