If I Am Partly Responsible for My Injury, Can I Still Sue?

 Posted on March 25, 2025 in Personal Injury

Injury accidents are quite common. In fact, around 40 million people visit U.S. hospital emergency rooms annually seeking treatment for injuries. That number does not include patients treated in other facilities. Motor vehicle accidents account for many of those injuries, although other incidents can also cause them. Sometimes, only one person is responsible for the accident or incident. However, more than one party often shares the blame.

If you were partially responsible for causing your injury and related damages, you are probably wondering whether you can pursue a claim for compensation. The answer depends on your degree of fault. An experienced Irving, TX personal injury lawyer can investigate and verify your eligibility. Se Habla Español.

What Is Proportionate Responsibility in Texas?

Every state has negligence laws that govern an injured victim’s eligibility to pursue compensation. In Texas, you can file a claim if you are less than 50 percent at fault for contributing to your accident. This statute also places proportionate responsibility on you for paying a portion of your own damages according to your degree of fault.

Suppose you are injured in a car accident, and you are found to be 25 percent to blame. If your damages total $100,000, $75,000 is the most you could receive using proportionate responsibility. You are liable for covering the remaining $25,000.

How Do I Know My Percentage of Fault?

Most of the time, the involved insurance companies and their adjusters assign fault for motor vehicle crashes. However, an insurer’s fault assignment is not always accurate. That is why your lawyer will conduct a separate investigation. 

Investigations into your accident should determine why it happened, which helps establish fault and liability. Common contributing factors in car wrecks include:

• Speeding

• Driving under the influence of fatigue, drugs, or alcohol

• Distracted driving

• Tailgating

• Disregarding traffic laws and signals

Insurance company adjusters know the Texas negligence laws. Their job is to assess the validity of your claim against their policyholder and assign each party a degree of fault. However, insurers often try to manipulate your fault percentage to their advantage. Assigning an unfairly high degree of fault to you could disqualify you from collecting compensation or at least reduce the value of your claim.

Ensuring accurate fault assignments is one of the most important duties your attorney will perform. We will not allow an insurer to avoid legitimate liability. We will also help you pursue the highest possible amount of compensation, whether through settlement negotiations or litigation.

Call a Skilled Dallas, TX Car Accident Attorney

Whether your injury resulted from a motor vehicle accident or another negligent cause, a knowledgeable Carrollton, TX personal injury lawyer from Jerry D. Andrews, P.C. is ready to help you pursue the compensation you deserve. Call 214-221-5800 or send a confidential online message today to request your free case review.