The Texas ''51% Rule'': Don't Let Insurers Blame You for Your Cibolo Car Crash

In the aftermath of serious car accidents in Cibolo, Texas, insurers may try to deny your valid claim by shifting blame to reduce how much they have to pay and preserve their own bottom lines. This tactic, which relies on a legal framework called the Texas proportionate responsibility law, can directly impact your financial recovery after your accident.

Texas’ modified comparative negligence standard, which is often referred to as the “51% rule,” determines who pays what after a collision. If you are less than 50% at fault, you can recover damages. However, if you’re more than 51% responsible for the accident, you may be prevented from collecting compensation entirely.

A qualified attorney can explain how this rule applies to your case—but let’s break it down here as well so you can get some background on what the 51% rule might mean for your Cibolo car crash.

As we’ve described briefly above, the 51% rule is essentially designed to divide fault among everyone involved in an accident. After determining liability, everyone’s compensation is reduced by their portion of the responsibility.

Given that courts use the proportionate responsibility system to allocate fault, understanding how 51% rule affects Cibolo car crash claim attempts is key in the wake of any car accident within the state. But what does this look like in the real world? Let’s look at some key examples.

It sounds a little confusing, but here’s how it works in practice. Let’s assume for this example that you incurred damages of $100,000 in an automobile accident in Texas:

• If you were found not at fault at all, you would receive $100,000
• If you were found to be 20% at fault, you’d receive $80,000
• If you were found to be 51% at fault or more, you would receive no settlement at all, regardless of the expenses you had incurred or the severity of your injuries

These rules incentivise insurers in Texas to try to assign you more than your fair share of the blame. An experienced Cibolo comparative negligence attorney will help you gather evidence to prove you’re not at fault, making sure you get the compensation you deserve.

The 51% rule applies to most personal injury claims and automobile accidents, including trucking accidents. However, the best way to understand how it impacts your case is to consult with an attorney. In general, common factors that influence the determination of fault include:

• Whether you were speeding, driving distracted, or running a red light
• Whether you were driving under the influence of alcohol or other substances
• Whether you failed to yield or obey traffic signs
• Lack of proper vehicle maintenance.

A skilled lawyer will gather evidence to prove that another driver’s negligence—not yours—caused the accident to occur, ensuring you get the compensation you deserve.

It may be discouraging to hear an insurance adjuster say you’re “mostly at fault” in the wake of an accident in Texas, but don’t accept that statement without review from your lawyer. In many cases, insurers are incentivized to misinterpret the evidence or rely on incomplete reports to justify lower settlements.

Before signing anything, it’s crucial that you consult with the Cibolo car wreck attorneys at Carabin Shaw. We’re dedicated to preserving the rights of accident victims just like you, and reading our client reviews can give you a sense of how we’ve helped past clients. Before we begin working together, we offer a complimentary case review to help you understand your legal options. Once you decide to use us as your representation, we offer our services on a contingency-fee basis, so you won’t pay until we win. Call us toll-free 24/7 at 1-800-862-1260. We have a qualified and compassionate staff of English and Spanish-speaking professionals ready to assist you. Don’t let the insurance companies win. Fight back with Carabin Shaw!

For more information:

• Texas Statutes 33
• Cornell Law School