Holladay Law
Free Consultation:281-984-3948
  • About
    • Attorney Jason Holladay
    • Payments and Contingency
  • Practice AreasMega Menu
    • Car Accidents
    • Distracted Driving Accidents
    • Uninsured And Underinsured Motorist
    • Motorcycle Accidents
    • Rideshare Accidents
    • Truck Accidents
    • Bicycle Accidents
    • Pedestrian Accidents
    • ATV And Other Recreational Vehicle Accidents
    • Train Accidents
    • Aviation Accidents
    • Catastrophic Injuries
    • Traumatic Brain Injuries
    • Spinal Cord Injuries
    • Burn Injuries
    • Workplace Accidents
    • Construction Accidents
    • Drilling And Oil Rig Accidents
    • Premises Liability
    • Slip-And-Fall Accidents
    • Product Liability
    • Wrongful Death
    • The Woodlands Personal Injury Lawyer
  • Results
  • Testimonials
  • Videos
  • Blog
  • Contact
Holladay Law
  • About
    • Attorney Jason Holladay
    • Payments and Contingency
  • Practice AreasMega Menu
    • Car Accidents
    • Distracted Driving Accidents
    • Uninsured And Underinsured Motorist
    • Motorcycle Accidents
    • Rideshare Accidents
    • Truck Accidents
    • Bicycle Accidents
    • Pedestrian Accidents
    • ATV And Other Recreational Vehicle Accidents
    • Train Accidents
    • Aviation Accidents
    • Catastrophic Injuries
    • Traumatic Brain Injuries
    • Spinal Cord Injuries
    • Burn Injuries
    • Workplace Accidents
    • Construction Accidents
    • Drilling And Oil Rig Accidents
    • Premises Liability
    • Slip-And-Fall Accidents
    • Product Liability
    • Wrongful Death
    • The Woodlands Personal Injury Lawyer
  • Results
  • Testimonials
  • Videos
  • Blog
  • Contact

 281-984-3948

Personal Injury Lawyer

Attorney Jason Holladay
  1. Home
  2.  — 
  3. Car Accidents
  4.  — 
  5. How is compensation determined after a crash under Texas law?

How is compensation determined after a crash under Texas law?

On Behalf of Holladay Law Firm, PLLC | Mar 28, 2023 | Car Accidents

Most car crashes aren’t 100% one driver’s fault. Even if your collision was caused by a negligent driver, you can anticipate that their insurance company or attorney can find something you could have done differently that would have mitigated the risky circumstances that led to the crash. For example, maybe you were talking on your phone via your onboard system and didn’t notice the other driver failing to stop for a red light before they hit you.

The temptation to “spread the blame around” is one of the reasons why it’s crucial to seek legal guidance in the wake of a crash. Doing so can help to ensure that you aren’t assigned a larger percentage of the fault than is rightfully yours. This determination can make a big difference in the amount of compensation that you ultimately receive.

What is the 51% rule?

States use various formulas when it comes to negligence and compensation. Texas follows a type of comparative negligence rule known as “proportionate responsibility” or sometimes as a “51% rule.”

This means that if either party is determined to have at least 51% of the fault for a crash, they can’t collect anything from anyone else who was also partially at fault for the harm caused by the collision in question. However, if both parties are determined to be equally at fault, each can collect damages from the other.

That doesn’t mean that damages cancel each other out. For example, say one party suffers serious injuries and has extensive medical bills, repair costs on a luxury vehicle and hundreds of thousands of dollars in lost wages. The other suffers only minor injuries and some dents in an old car. That first driver would likely end up with a large payout – although less than they’d receive if the other driver was determined to be exclusively at fault.

You can see how determining the precise cause of a crash is crucial if someone else’s negligence or recklessness was to blame. Pursuing an accurate determination of both causation and fault is just one reason why having sound legal guidance can help you get the justice and compensation you deserve in the wake of an injurious crash.

Recent Posts

  • What should you know about lost income after an injury?
  • Youth sports in Texas: What should I do if my child gets a TBI?
  • The dangers of oil rig accidents in Texas: Top 5 causes and prevention strategies
  • What to do after a construction accident: A step-by-step guide for injured workers
  • Which evidence matters after a car accident?

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Injured?
Talk to Us About What Comes Next.

No upfront costs. No hourly fees. You don’t pay unless the firm wins.

Office Of Holladay Law

Holladay Law


Spring Office Location

8777 W. Rayford Rd.
Suite #104
Spring, TX 77389

Spring Office


Phone

281-984-3948

  • Follow
  • Follow
Review Us

© 2026 Holladay Law • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw