713-225-5050 
If you have been injured in an accident and the insurance company claims you were partially at fault, do not panic. This is a common tactic that insurers use to limit the amount they have to pay. In Texas, your level of fault does matter, but it does not always prevent you from recovering compensation. What it does mean is that the legal rules surrounding your case have just become more complicated, and the stakes have just become higher.
At Charles J. Argento, our Houston personal injury lawyer, we help clients understand how fault is determined under Texas law and how to fight back when insurers try to blame the victim.
Understanding Texas’s Modified Comparative Fault Rule
Texas follows a legal doctrine called modified comparative fault. This rule allows an injured person to recover compensation even if they were partially at fault, as long as their percentage of fault does not exceed 50%.
If you are found to be more than 50% responsible for the incident, you cannot recover any compensation at all. If your percentage of fault is 50% or less, your recovery is reduced by that percentage.
For example:
- If your total damages were valued at $100,000 and you were found to be 20 percent responsible, your final compensation would be reduced by that percentage, leaving you eligible to recover $80,000.
- If you were found to be 51% at fault, you would recover nothing under Texas law.
This is why the insurance company’s claim matters. Even a slight increase in your assigned percentage of fault can have a significant financial impact.
How Insurance Companies Try to Shift Blame
Insurers are well aware of the power of comparative fault. They often seek ways to shift responsibility onto injured victims to reduce their liability.
They may argue that:
- You were distracted or not paying attention.
- You failed to take proper safety precautions.
- You contributed to the dangerous condition that led to the injury.
- You ignored posted warnings or failed to follow traffic laws.
These arguments are not always accurate or fair. They are often based on assumptions, incomplete evidence, or biased interpretations of the facts.
What You Can Do to Protect Yourself
If an insurance company claims you were partially at fault, you need a strong legal advocate. At Charles J. Argento, we investigate every aspect of the case to counter unfair blame and present clear, evidence-based arguments that protect your rights.
We work with:
- Accident reconstruction specialists.
- Medical professionals.
- Eyewitnesses and expert witnesses.
- Photographic and video evidence.
Our goal is to tell the whole story. One that holds the responsible party accountable and counters efforts to unfairly shift blame.
Call Our Houston Personal Injury Attorney Before You Accept Blame
Do not let the insurance company’s word be the final say. If you have been told you were partially at fault, contact Charles J. Argento today at (713) 225-5050 or online for a free consultation. We will assess your case, explain how Texas law applies, and work to make sure your right to compensation is protected every step of the way.
