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In Texas, you can still recover compensation for a car accident, even if you were partially at fault. Thanks to the state’s modified comparative negligence rule, as long as you are not more than 50% responsible, you may be entitled to damages. However, your compensation will be reduced by the percentage of fault you bear. Understanding how fault is determined and how insurance companies may try to shift blame is critical. Here’s what you need to know if you’ve been in a shared-fault accident in Bryan, TX, from an experienced Bryan car accident attorney.
Understanding Texas’s Modified Comparative Negligence Rule
Texas follows a modified comparative negligence system, outlined in Texas Civil Practice & Remedies Code §33.001. This rule allows you to recover damages after a car accident as long as you are not more than 50% at fault. If you are found to be 51% or more responsible, you cannot recover any compensation.
Under Texas law, if your fault is 50% or less, your damages will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but found to be 30% at fault, your recovery would be reduced to $70,000.
Shared-fault accidents are common in Bryan, especially in high-traffic areas like Highway 6 or near Texas A&M University. Rear-end collisions, intersection crashes, and multi-vehicle pileups often involve multiple drivers making mistakes. The key takeaway is that being partially at fault does not automatically disqualify you from receiving compensation.
How Insurance Companies Try to Shift Blame
Insurance companies have a financial incentive to assign you more fault. The higher your fault percentage, the less they have to pay. To do this, adjusters may use several tactics:
- Highlighting minor driving errors, like rolling through a stop sign or not signaling
- Misinterpreting or twisting your statements made at the scene
- Using vague or incomplete evidence to suggest you were more responsible than you actually were
Even a casual comment like “I didn’t see them coming” can be used to argue that you were distracted or negligent. That’s why it’s important not to admit fault at the scene or during early conversations with insurance adjusters.
These tactics are common across Texas, and Bryan is no exception. Knowing how insurers operate gives you an edge and helps you avoid costly mistakes.
How an Attorney Can Help Minimize Your Fault
If you’ve been in a shared-fault accident, hiring a personal injury attorney can make a significant difference in your case. Attorneys work to reduce your assigned fault and maximize your compensation by:
- Challenging the insurance company’s version of events
- Presenting expert testimony, such as accident reconstruction specialists
- Collecting and preserving key evidence like photos, police reports, and witness statements
Scott Scherr at The Payne Law Group has extensive experience handling car accident claims in Bryan and throughout Brazos County. His team understands the local road conditions, traffic patterns, and how to counter the strategies used by insurance companies. With the right legal support, you can push back against inflated fault percentages and build a stronger case.
What to Do After a Shared-Fault Accident in Bryan, TX
If you’re involved in a car accident where fault may be shared, taking the right steps early can protect your claim:
- Document the scene thoroughly with photos and videos
- Get contact information from witnesses
- Request a copy of the police report
- Avoid discussing fault with the other driver or insurance adjusters
- Seek medical attention, even if injuries seem minor
Time-sensitive evidence can disappear quickly, especially in busy areas like downtown Bryan or near campus. Contacting a local attorney early helps preserve critical details and strengthens your case from the start.
Talk to a Bryan Car Accident Attorney About Your Partial Fault Case
If you’ve been in a car accident in Bryan and are worried about being partially at fault, don’t assume you’re out of options. Scott Scherr at The Payne Law Group has helped countless clients recover compensation, even in complex shared-fault cases. Contact us today for a free consultation and let us help you protect your rights and pursue the compensation you deserve.