Driving in McAllen requires constant vigilance. Whether you are merging onto Expressway 83 during rush hour or navigating the busy intersection at North 10th Street and Nolana, accidents often happen in split seconds. In many cases, it is not immediately clear who caused the crash. Sometimes, both drivers made mistakes.
You might worry that admitting to any mistake—like driving slightly over the speed limit or glancing at your GPS—ruins your chance of recovering compensation.
The good news is that Texas law does not automatically bar you from recovery simply because you were partially at fault. The bad news is that the law sets a strict cutoff point. If you cross that line, you walk away with nothing.
Understanding how Texas handles “shared fault” is crucial to protecting your financial future after an accident.
Texas Follows “Proportionate Responsibility”
Texas uses a legal standard known as proportionate responsibility. This concept is codified in the Texas Civil Practice and Remedies Code Chapter 33.
Unlike some states where you cannot recover a dime if you were even 1% at fault, Texas allows you to seek damages as long as you were not the primary cause of the accident. The court assigns a percentage of responsibility to every party involved—the other driver, you, and potentially third parties.
Your compensation is then reduced by the percentage of fault attributed to you.
For example, if a jury determines you suffered $100,000 in damages but were 20% responsible for the crash, you do not receive the full amount. The court reduces your award by 20%, resulting in a net amount of $80,000.
The Dangerous 51% Bar Rule
While the law allows for shared blame, it includes a harsh “cliff” known as the 51% Bar Rule.
Texas Civil Practice and Remedies Code Section 33.001 explicitly states that a claimant may not recover damages if their percentage of responsibility exceeds 50 percent.
This means there is a massive difference between being 50% at fault and 51% at fault:
- 50% Fault: You can still recover half of your damages.
- 51% Fault: You recover zero.
Insurance adjusters know this statute intimately. Their goal is often to shift just enough blame onto you to push you over that 51% threshold. If they can argue that you were the primary cause of the accident, they owe you nothing.
Who Decides Your Percentage of Fault?
After an accident, you will likely hear an insurance adjuster tell you that “their investigation” found you at fault. It is vital to understand that an insurance adjuster’s opinion is not a legal verdict.
The insurance company does not have the final say on your percentage of responsibility. Under Texas Civil Practice and Remedies Code Section 33.003, the “trier of fact”, usually a jury, determines the rate of responsibility for each person.
In the early stages of a claim, fault is a negotiation. The insurance company will use police reports, witness statements, and your own words to argue you were mostly to blame. A disciplined attorney pushes back with evidence to ensure the liability split reflects reality, not the insurance company’s profit margins.
Common Shared Fault Scenarios in the Rio Grande Valley
We see shared fault disputes frequently in South Texas. Consider these everyday situations:
- Intersection Collisions: You had a green light at Bicentennial Boulevard, but you were speeding. The other driver turned left in front of you. A jury might find the other driver 80% at fault for failing to yield, but assign you 20% fault for speed.
- Merging Accident: You were merging onto I-69C when another driver sped up to block you, causing a sideswipe. The insurer might argue you failed to keep a proper lookout, while you argue they drove aggressively.
- Distracted Driving: You were rear-ended, but your brake lights were out. The other driver is primarily at fault for following too closely, but you may also share some responsibility for the equipment failure.
Strategy Over Aggression: Protecting Your Claim
Because Texas law relies on percentages, the quality of your evidence directly impacts the value of your case. Every percentage point of fault shifted away from you increases your potential recovery.
This is why we reject the “quick settlement” factory approach. Investigating a crash requires patience and attention to detail. We look for:
- Dashcam or security footage from nearby McAllen businesses
- Electronic Control Module (ECM) data “black box” data showing speed and braking
- Cell phone records to prove the other driver was distracted
We build cases based on facts and statutes, not empty threats. By preparing for trial from day one, we demonstrate to the insurance company that we are prepared to let a jury decide the percentages if they refuse to offer a fair settlement.
Real Guidance for Your Case
At Garza Law, we believe in providing honest and straightforward counsel. We do not make empty promises about winning millions. Instead, we look at the facts of your case, explain the statutes, and develop a strategy to keep your liability percentage where it belongs—low.
Our founder, a former criminal prosecutor, understands the burden of proof. We handle our cases personally because your outcome matters to us. We are not just processing files; we are helping neighbors in the Rio Grande Valley get back on their feet.
If you are being blamed for an accident you did not cause, do not accept the insurance company’s word as law. Call us. We will review the crash report, explain your options, and assist you in pursuing the compensation you are entitled to.
Call Garza Law at 956-201-7787.
