19 November 2025 - Posted by Monsour Law Firm
After a crash, many people believe that being at fault means they’ve lost all rights to compensation. But can you get compensation if the accident was your fault? The answer may surprise you. Under Texas’s modified comparative fault rule, you may still recover damages as long as you’re determined to be 50% or less responsible for the accident.
At Monsour Law Firm, we’ve guided clients through these complex situations. Our Tyler Car Accident Attorneys know how to evaluate your level of fault and pursue the maximum compensation available under Texas law. Understanding your legal standing may make the difference between walking away with nothing and securing the funds you need to move forward.
An “at-fault” driver is the person whose actions primarily caused the accident. In Texas, fault determines who pays for damages, but it isn’t always absolute. Police reports, witness statements, and insurance investigations often show that more than one person contributed to a collision. That means even if you’re partly at fault, you might not lose all rights to compensation.
Under Texas law, drivers are assigned a percentage of fault based on their contribution to the crash. This system is called “proportionate responsibility.”
Yes, your own insurance still provides coverage depending on the policy you have. Texas requires drivers to carry liability insurance to cover others when they cause an accident. But policies may also include collision coverage or personal injury protection (PIP) that helps pay for your own losses, even when you are the one responsible.
Collision coverage pays for damage to your vehicle, while PIP helps cover medical expenses and lost wages regardless of fault. Having these protections often makes a difference, especially when fault is shared or under dispute.
It’s worth noting that insurers often investigate thoroughly before paying out, which can delay settlements or lead to disputes. That’s when understanding how responsibility percentages affect your claim becomes vital. When drivers ask themselves, Can you get compensation if the accident was your fault, the answer often lies in these policy details and how the evidence supports your claim.
Yes, but only under certain circumstances. According to the Texas Civil Practice and Remedies Code, Sec. 33.001, a person cannot recover damages if their share of responsibility exceeds 50%. This statute reinforces that proportionate responsibility is key to determining recovery in Texas car accident cases.
Consider this scenario: you were found 30% at fault for a collision in Tyler because you were speeding slightly, but the other driver ran a red light. The total damages were $100,000. You could still recover $70,000 after the 30% reduction. That example shows how proportionate responsibility works in real life; you don’t have to be completely blameless to seek fair compensation.
This is why clear documentation matters. Photographs, police reports, and witness statements all help show the true extent of your responsibility and protect your ability to recover under Texas law.
When responsibility is shared, the types of compensation available remain the same as in other personal injury cases, only adjusted to match your percentage of fault. These are known as compensatory damages and may include:
Even partial compensation may ease the financial pressure after an accident. Many people ask, Can you get compensation if the accident was your fault when medical bills and repair costs start to pile up. The answer often depends on the quality of evidence and how your percentage of fault can be proven.
At Monsour Law Firm, we help people explore their legal options after car accidents, even in situations where fault seems unclear. Our team examines your insurance policy, looks into the accident details, and helps identify what compensation might still be possible under Texas law. When clients ask, Can you get compensation if the accident was your fault, we walk them through how shared responsibility works and what actions help maximize their recovery.
Every case is different, but one thing stays the same: you don’t have to face it alone. Call us at (903) 999-9999 today to speak with a member of our team.
Douglas C. Monsour, or Doug Monsour, is a trial lawyer who handles important and significant injury cases in Texas and across the nation. He is one of a handful of trial lawyers who have successfully tried multiple pharmaceutical, medical device, and mass tort product liability cases as the lead lawyer. He also vigorously represents injured oil field workers, victims of 18-wheeler wrecks, industrial accident victims, and those that have been severely burned.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Monsour who has more than 20 years of legal experience as a personal injury attorney.
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