An intersection collision in Texarkana isn’t just an accident; it often becomes a legal battlefield. While another driver may have blown through a red light, severely injuring you, insurance defense teams will aggressively weaponize Texas’s “contributory negligence” law to shift the blame to you.
Even though the other driver clearly violated the law, insurers often frame your speed or a split-second distraction as a tactical strike to devalue your claim or kill it entirely in court.
The ‘51% bar’ penalty
Chapter 33 of the Civil Practice and Remedies Code, known as “proportionate responsibility,” governs Texas litigation. This is not a friendly guideline; it is a strict legal bar.
If a jury finds you are even 51% responsible, the law mandates a take-nothing judgment. You recover $0. Defense firms aim for that 51% mark to protect their bottom lines because it allows them to escape liability completely, regardless of their client’s recklessness.
Even small percentages have large impacts
You can still recover damages if a jury assigns you 50% or less of the fault, but the total amount will decrease. The court reduces your final award by your percentage of responsibility. For example, if a jury awards you $100,000 but finds you 20% at fault, you receive $80,000.
Defense teams use several tactics to increase your fault percentage, including:
- Claiming you were distracted by a mobile device or the radio
- Arguing that you failed to brake quickly enough to avoid the crash
- Suggesting your vehicle had maintenance issues, like worn tires or dim lights
- Pointing out that you were traveling slightly over the posted speed limit
Each percentage point represents a specific dollar amount taken out of your pocket. Protecting your claim requires a strategy that keeps your fault as close to zero as possible.
Winning the courtroom battle
The margin between a successful recovery and a total loss is razor-thin. Trial-ready car accident lawyers don’t just “present” your story; they dismantle the defense’s attempts to shift blame to you.
Success requires aggressive cross-examination of defense experts and a trial strategy that keeps your fault at the absolute minimum. In Texas litigation, you don’t just ask for justice; you must fight for every percentage point to recover what you deserve.