Can I still recover compensation if I was partially at fault for the accident?

Partial Fault and Texas Comparative Negligence

Yes — as long as you were not more than 50% at fault. Texas follows the modified comparative fault rule under Texas Civil Practice & Remedies Code §33.001 (the 51% bar rule). If you are 50% or less at fault, you recover your total damages reduced proportionally by your fault percentage. If you are 51% or more at fault, you recover nothing.

How the Math Works

Example: your total damages are $200,000. You are found 25% at fault for the accident. You recover $150,000 (75% of $200,000). Each percentage point of fault assigned to you directly reduces your recovery by that percentage. This is why insurance adjusters work aggressively from the first moment to inflate your fault percentage — every point costs them money.

How Insurance Companies Use Comparative Fault Against You

Adjusters are trained to build comparative fault arguments using your recorded statement, social media activity, and any inconsistency in the police report. The common tactics include: arguing you were speeding, claiming you failed to yield, or alleging you were distracted. Wayne Wright blocks all adjuster contact from the moment of retention, handles all carrier communications, and builds the full liability record to establish the correct fault allocation.

Multiple Parties Can Share Fault in Texas

In many San Antonio accidents — particularly intersection crashes, multi-vehicle accidents, and crashes involving road defects — multiple parties share fault. Wayne Wright pursues every liable party to maximize the total fault allocation against responsible defendants, which directly maximizes your net recovery.

Call 210-888-0078 even if you believe you were partially at fault. Many cases involve significantly less fault on your part than the carrier initially claims.