# Traffic Lawsuits and Liability in Texas | Attorney Brian White **Table of Contents***[*Expand*]* 1. More Than One Person at Fault 2. Comparative Negligence in Texas 3. Proportional Comparative Fault 4. Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help Many different variables determine who is responsible for injury or damages following a traffic accident. Liability is not black and white. This is especially true in multi-car pileups. The legal definition of fault may differ from its traditional usage, so what does fault mean for you? Fault loosely determines which way compensation money flows. Fault is not the only factor when determining damages, though. Recent legislation has moved compensation decisions and accident liability away from the traditional notion of fault. Liability is increasingly determined by decisions on motor vehicle statutes. This shift is in favor of insurance companies who lobbied for the bill changes, making claim denial easier. How does this affect you? If you have insurance, but not liability insurance, and are rear-ended, an insurance company can deny your claim, even though you were not at fault. Depending on where the accident took place, you could then be denied compensation for damages by the insurance company because you do not have liability insurance, even though the at-fault driver’s insurance would be expected to provide compensation. ## **More Than One Person at Fault** When multiple drivers are responsible for the damages, the law says that anybody can provide compensation. The drivers can decide amongst themselves who will file the claim and then reimburse the rest involved. Sometimes this decision brings a group of people to court. If multiple people are involved, anybody can make the claim, which means the best insurance can be selected. Or if one driver does not have insurance, depending on where he or she lives, this person might still benefit from a payout. Sometimes an insurance company denies the claim, and the claimants must approach a different company. If you were careless, you cannot collect insurance money from your own company. You can, however, collect from the provider of another partially responsible party. How much you deserve in compensation is based on the percentage of liability afforded to each party. The legal term for this rule is [comparative negligence](https://www.nolo.com/legal-encyclopedia/proving-fault-personal-injury-accidents-29535.html). For a legal consultation call [(713) 500-5000](tel:+17135005000) ## **Comparative Negligence in Texas** More than half of the states in the U.S. have comparative negligence laws, including [Texas](https://www.texas.gov/). You need to prove the other party was partially responsible for the crash, and thus you were due a payout. There are other factors which help your case, including environmental factors like road and weather conditions. In cases of comparative negligence, call us for a personal injury lawyer familiar with Texas law. A jury or judge will analyze evidence to determine the percentage of [fault](https://attorneybrianwhite.com/faqs/what-if-you-are-at-fault-for-a-car-accident/) for each party. There are two types of comparative negligence: pure and modified. Pure comparative negligence means your payout will likely be determined by the jury. Texas law follows [modified comparative negligence](https://attorneybrianwhite.com/faqs/how-is-the-value-of-a-personal-injury-case-determined-in-texas/), which deducts your damage liability based on percentage of fault. In other words, if you are 25% at fault, you will likely be compensated for 75% of the crash. If the final claim is posted at $200,000, you would receive $150,000 in this situation. ## **Proportional Comparative Fault** Sometimes a company will cite proportional comparative fault if you are responsible for more than half the crash. This means if your percentage of fault is 51% or higher, you are not allowed to file a claim against the other party. This law is practiced in Texas. If you have extra coverage under your own insurance company, you can likely avoid the other parties and the discussion of fault, unless the other party files a claim against you. Most companies offer additional options, like [personal injury protection](https://www.freeadvice.com/legal/car-accident-determining-who-is-at-fault/). PIP is a no-fault coverage plan that replaces any income lost from work, medical bills, and, in rare cases, damage to the vehicle. Make sure to discuss your accident with our experienced attorneys. Our lawyers understand the specific legal issues involving accident in Texas. [Click to contact](/contact-us/) us today ## Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help For more information,[contact](https://attorneybrianwhite.com/contact-us/) the[Houston](https://www.houstontx.gov/) car accident law firm of Attorney Brian White Personal Injury Lawyers by calling [(713) 500-5000](tel:+17135005000).  **Attorney Brian White Personal Injury Lawyers – Houston**[3120 Southwest Freeway, Suite 350, Houston, TX 77098](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Houston/@29.7309684,-95.4262545,17z/data=!3m1!4b1!4m6!3m5!1s0x8640bf255e7aaf73:0x52064b120afa59fe!8m2!3d29.7309684!4d-95.4262545!16s%2Fg%2F1tfrxw9q?entry=tts/) **Attorney Brian White Personal Injury Lawyers – East Fwy**[11811 East Fwy, Suite 630-06, Houston, TX 77029](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+East+Fwy/@29.773407,-95.2301421,17z/data=!4m6!3m5!1s0x8640bd52b80b3fe3:0xb5804dd15c47b17b!8m2!3d29.773407!4d-95.2301421!16s%2Fg%2F11r10lsb0x?source=g.page.share&entry=tts/) **Attorney Brian White Personal Injury Lawyers – South Loop**[2600 S Loop W, Suite 293, Houston, TX 77054](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+South+Loop/@29.6785093,-95.4184191,16z/data=!3m1!4b1!4m6!3m5!1s0x8640c1c0e435eacd:0x81fd3c6eb30bc542!8m2!3d29.6785093!4d-95.4184191!16s%2Fg%2F11ry4wjwqr?cid=9366709246148461890&_ga=2.209939733.1628598219.1648478482-1081226185.1622227003&shorturl=1&entry=tts/) **Attorney Brian White Personal Injury Lawyers – Katy Freeway**[11511 Katy Fwy Suite 515, Houston, TX 77079](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Katy+Freeway/@29.7836667,-95.5861677,15z/data=!4m6!3m5!1s0x8640dbd008653a11:0x9786540c9ab0bfd9!8m2!3d29.7836667!4d-95.5861677!16s%2Fg%2F11y3dw2v44?sa=X&ved=1t:2428&ictx=111&entry=tts/) **Attorney Brian White Personal Injury Lawyers** **– Clear Lake** [1300 Bay Area Blvd Suite B268, Houston, TX 77058](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Clear+Lake/@29.5598212,-95.1152728,15z/data=!4m6!3m5!1s0x86409d1b345242c9:0x5895a119f6ed1d9!8m2!3d29.5598212!4d-95.1152728!16s%2Fg%2F11lf7xm8n8?sa=X&ved=1t:2428&ictx=111&coh=219816&entry=tts&g_ep=EgoyMDI0MDgxNC4xKgBIAVAD/) **Attorney Brian White Personal Injury Lawyers** **– The Woodlands** [1776 Woodstead Ct ste 203, The Woodlands, TX 77380](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+The+Woodlands/@30.1548897,-95.4639792,15z/data=!4m6!3m5!1s0x864737efe5a3cb73:0xff70634b80d03844!8m2!3d30.1548897!4d-95.4639792!16s%2Fg%2F11y98y92_f?sa=X&ved=1t:2428&ictx=111&entry=tts&g_ep=EgoyMDI0MTExOS4yIPu8ASoASAFQAw%3D%3D/) Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Car Accidents Blog Posts: [![These Are the 6 Deadliest Highways in Texas](https://attorneybrianwhite.com/wp-content/uploads/2021/07/These-Are-The-6-Deadliest-Highways-in-Texas-300x200.jpg)](https://attorneybrianwhite.com/blog/these-are-the-6-deadliest-highways-in-texas/) [These Are the 6 Deadliest Highways in Texas](https://attorneybrianwhite.com/blog/these-are-the-6-deadliest-highways-in-texas/) If you ask your friends, family, and neighbors, they may tell you that they live or drive down the deadliest roads in [![Vehicle Flies Off Houston Texas Freeway](https://attorneybrianwhite.com/wp-content/uploads/2020/08/Vehicle-Flies-Off-Houston-Texas-Freeway-300x200.jpg)](https://attorneybrianwhite.com/blog/vehicle-flies-off-houston-freeway-killing-passenger-and-critically-injuring-driver/) [Vehicle Flies Off Houston Freeway, Killing Passenger and Critically Injuring Driver](https://attorneybrianwhite.com/blog/vehicle-flies-off-houston-freeway-killing-passenger-and-critically-injuring-driver/) A tragic car accident on a Houston freeway leaves one person in critical injury and another person dead. The traffic [![City Seeks Input About Dangerous Intersections in Houston](https://attorneybrianwhite.com/wp-content/uploads/2020/07/City-Seeks-Input-About-Dangerous-Intersections-in-Houston-300x200.jpg)](https://attorneybrianwhite.com/blog/city-seeks-input-about-dangerous-intersections-in-houston/) [City Seeks Input About Dangerous Intersections in Houston](https://attorneybrianwhite.com/blog/city-seeks-input-about-dangerous-intersections-in-houston/) The City of Houston wants to lower the number of deaths on city streets, according to reporting by Fox26 Houston. In a [![The Deadliest Highway Stretches in Texas](https://attorneybrianwhite.com/wp-content/uploads/2023/06/The-Deadliest-Highway-Stretches-in-Texas-300x200.jpg)](https://attorneybrianwhite.com/blog/the-deadliest-highway-stretches-in-texas/) [The Deadliest Highway Stretches in Texas](https://attorneybrianwhite.com/blog/the-deadliest-highway-stretches-in-texas/) Every year, close to 20,000 Texans are seriously injured in car accidents and another 4,000 or so are killed. These --- Source: https://attorneybrianwhite.com/blog/traffic-lawsuits-and-liability-in-texas/