Most people assume injury claims are simple: you’re hurt, someone else is at fault, and compensation follows. But in Texas, it’s not always so black-and-white. What if the fault isn’t 100% on one side? What if it’s shared? That’s where comparative negligence becomes relevant. Here’s how it works, why it matters, and what you should know before moving forward.
1. What Comparative Negligence Really Means
At its core, comparative negligence is about dividing responsibility. If both parties involved in an accident share some blame, the law looks at percentages. Maybe you’re 20% at fault for glancing at your phone, while the other driver is 80% at fault for running a red light. In this case, you can still recover compensation, just reduced by your percentage of fault. That way, the law balances accountability with fairness.
2. The 51% Rule You Need to Know
Texas follows a “modified comparative negligence” rule. This means if you’re found 51% or more at fault, you cannot recover damages. But if your fault is 50% or less, you’re still entitled to compensation, adjusted to your share of responsibility. For example, if your damages are valued at $100,000 but you were 30% at fault, you could still recover $70,000. This rule makes understanding your case details critical, especially before you accept any settlement.
3. How This Impacts Different Types of Claims
Comparative negligence applies across many situations: car accidents, slip-and-fall cases, and even work injury claims. It shapes how insurance companies, judges, and juries look at fault. For example, in a car accident, failing to use a turn signal might count against you, even if the other driver caused the crash. In a workplace setting, not following safety rules might reduce compensation, even if an employer shares blame. The key is knowing how your specific situation fits within the framework.
4. Why Insurance Companies Use It to Their Advantage
Insurance companies love comparative negligence because it gives them room to argue. The higher they can push your percentage of fault, the less they have to pay you, or the easier it becomes to deny your claim entirely. This is why many injured people find themselves blindsided by low settlement offers. Without understanding the rules, you could unknowingly walk away with far less than you deserve.
5. How an Attorney Helps Level the Field
The truth is, proving fault is rarely straightforward. Evidence, witness statements, and expert opinions all play a role. An experienced attorney knows how to push back when insurers try to inflate your share of fault. They can highlight the facts, protect your rights, and give you the strongest chance at fair compensation. And if you’re already juggling medical bills, recovery, and stress, having that kind of backup can make all the difference in your personal injury claim.
Why This Rule Could Decide Your Case
Comparative negligence isn’t just legal jargon; it’s the rule that decides how much compensation you actually take home. Understanding it can protect your rights, strengthen your claim, and keep you from losing out on what you deserve. The good news? You don’t have to face it alone.
At the Law Office of Dan Moore, helping injured Texans is what we do best. Get in touch today if you’re handling an injury claim. We’re here to guide you every step of the way.
