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Getting hit by a car is traumatic. But for many victims, a second concern quickly follows the physical injuries: what happens if the insurance company argues that you were partly at fault? This is one of the most common tactics used to reduce or deny a pedestrian accident claim in Texas, and understanding how the law actually works puts you in a much stronger position.
Texas follows a legal framework called modified comparative fault, also known as proportionate responsibility. Under Chapter 33 of the Texas Civil Practice and Remedies Code, each party in a personal injury case can be assigned a percentage of responsibility for the accident. That percentage directly affects how much compensation an injured person can recover.
The 51% Rule Explained
Here is the standard that matters most. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant may not recover damages if their percentage of responsibility is greater than 50 percent. This is commonly called the 51% rule.
What this means in practice is straightforward. If a jury finds that you were 30% at fault for the pedestrian accident and the driver was 70% at fault, your total damages would be reduced by your 30% share. So if your losses totaled $100,000, you would recover $70,000. But if your fault is determined to be 51% or higher, you recover nothing.
How Fault Gets Assigned in Pedestrian Cases
Fault in pedestrian accident cases is rarely automatic. Insurance adjusters and defense attorneys will look for any evidence that supports reducing the driver’s responsibility and increasing yours. Common arguments they raise include:
- You were crossing outside a designated crosswalk
- You were using your phone or otherwise distracted
- You stepped into traffic suddenly or without warning
- You were wearing dark clothing at night
- You crossed against a traffic signal
None of these factors automatically bar you from recovering compensation. They simply become part of how fault percentages are calculated. A strong legal case builds the counter-narrative by presenting traffic camera footage, witness statements, police reports, and accident reconstruction evidence to tell the full story of what happened.
Why the Fault Percentage Fight Matters So Much
Insurance companies often exploit fault disputes to reduce or deny payouts, and even a small increase in assigned fault can mean losing thousands or losing the right to compensation entirely. This is not an accident. Adjusters are trained to look for weaknesses in a claim, and comparative fault gives them a direct financial incentive to push your percentage as high as possible. A Farmers Branch pedestrian accident lawyer can identify these strategies early and work to counter them before a settlement offer is even made.
What Pedestrians Should Know Before Talking to Insurers
One of the most consequential mistakes an injured pedestrian can make is speaking freely with an insurance adjuster before retaining legal counsel. Statements made in those early conversations can be used to support a higher fault percentage later. You are not required to give a recorded statement to the opposing insurer, and you should not do so without an attorney present.
Kelso Law regularly handles cases where insurers have attempted to inflate a pedestrian’s share of fault based on informal statements made in the days following an accident. The legal team knows how to address those situations and fight back with evidence.
Getting the Representation You Need
Texas comparative fault law is designed to be fair, but applying it fairly requires someone who knows how to gather and present evidence effectively. If you or someone you love was struck by a vehicle in Farmers Branch, working with an experienced pedestrian accident attorney in Farmers Branch gives you the best chance of protecting your right to full and fair compensation. Reach out to Kelso Law today to discuss what happened and understand your options under Texas law.
