In the aftermath of an accident, whether it’s a car crash on Highway 121, a slip and fall at a local business, or a dog bite at a neighborhood park, personal injury law exists to help victims recover physically, emotionally, and financially. But what happens when more than one party is at fault? What if you share some of the blame? 

That’s where comparative negligence comes into play. In Texas, including here in Bonham, this legal principle can significantly impact how much compensation you can recover in a personal injury case. 

At David K. Wilson & Associates, we’ve spent over 40 years representing injured clients across North Texas. We understand how confusing and frustrating personal injury claims can be, especially when insurance companies try to use comparative negligence against you. We are here to help you understand how the rule works, what your case may involve, and how we can assist in protecting your rights every step of the way. 

What Is a Personal Injury Case? 

A personal injury case arises when someone is harmed physically, emotionally, and financially due to another person’s negligence or intentional misconduct. These cases typically involve: 

• Car accidents 
• Truck accidents 
• Motorcycle accidents 
• Pedestrian accidents 
• Slip and fall injuries 
• Workplace injuries (in non-subscriber claims) 
• Wrongful death 

To bring a successful personal injury claim, the injured party (the plaintiff) must show that: 

• The other party (the defendant) owed them a duty of care. 
• The defendant breached that duty through negligent or reckless behavior. 
• That breach directly caused the injury. 
• The injury resulted in actual damages, including medical bills, lost wages, and pain and suffering. 

But what happens if you, the injured party, were also partly responsible? That’s where comparative negligence becomes critical. 

What Is Comparative Negligence in Texas? 

Texas follows a legal doctrine known as modified comparative negligence, specifically, the 51% bar rule. 

Here’s how it works: 

• If you are 51% or more at fault for the accident, you cannot recover any compensation. 
• If you are 50% or less at fault, you can recover damages, but they will be reduced in proportion to your percentage of fault. 

Here is an example: Let’s say you were injured in a car accident and your total damages are $100,000. If a jury determines you were 30% at fault because you were speeding, your compensation will be reduced by 30%. That means you’ll receive $70,000 instead of the full $100,000. 

This rule applies across many types of personal injury cases in Texas, not just auto accidents. And it's one of the biggest reasons you should never admit fault at the scene or speak to an insurance adjuster without legal counsel. 

Who Decides Fault in a Comparative Negligence Case? 

In most cases, insurance companies initially assign fault percentages during their investigation of the accident. However, their determination is not final. 

If your case goes to trial, a judge or jury will ultimately decide: 

• Whether you share any fault. 
• What percentage of the blame falls on each party? 

Insurance companies often attempt to inflate your share of the fault to reduce their payout. At David K. Wilson & Associates, we fight to keep the blame where it belongs, which is on the negligent party that caused your injuries. 

What Does Compensation Look Like in a Personal Injury Case? 

If your case is successful, you may be entitled to compensation for: 

• Medical Expenses: Emergency care, hospital stays, surgeries, physical therapy, prescriptions, and future medical needs. 
• Lost Wages: Income lost while you recover, and lost future earning capacity if your injury limits your ability to work. 
• Pain and Suffering: For the physical pain and emotional distress caused by the accident. 
• Loss of Consortium: For spouses or family members impacted by your injury. 
• Property Damage: Repairs or replacement for your vehicle or other damaged belongings. 
• Punitive Damages: In rare cases involving gross negligence or intentional harm. 

With comparative negligence, these figures can be adjusted. The more blame assigned to you, the less you receive, so building a strong case that proves the other party’s fault is essential. 

The Timeline of a Personal Injury Case in Texas 

Texas has a two-year statute of limitations for most personal injury claims. This means you must file your lawsuit within two years from the date of the accident, or you risk losing your right to compensation entirely. 

However, the timeline can vary depending on the circumstances of your case, but it typically follows this sequence. 

1. Medical Treatment & Recovery 

Your health comes first. After an injury, focus on getting the care you need. Document everything, attend follow-ups, and don’t rush to settle until you understand the long-term impact of your injury. 

2. Investigation 

Our team will gather evidence, including police reports, witness statements, photos, video footage, and medical records. We may also consult accident reconstruction experts or medical specialists. 

3. Filing a Claim 

We’ll file your personal injury claim with the at-fault party’s insurance company. During this phase, we initiate settlement negotiations and may engage in mediation or arbitration. 

4. Filing a Lawsuit (if necessary) 

If negotiations stall or the insurance company refuses a fair settlement, we’ll file a formal lawsuit. Discovery, depositions, and pre-trial motions follow. 

5. Trial or Settlement 

Many cases settle out of court, but if a trial is necessary, we’ll aggressively advocate for your rights in front of a judge or jury. 

The process can take several months to a few years, depending on the complexity of your case and the severity of your injuries. At every stage, David K. Wilson & Associates keeps you informed and involved, so you know exactly where your case stands. 

How Comparative Negligence Can Affect Settlement Negotiations 

Insurance companies use comparative negligence as a tactic to reduce payouts. They may argue that: 

• You weren’t paying attention. 
• You were partially responsible for the conditions that led to your injury. 
• Your injuries were caused by something else or were pre-existing. 

These arguments can dramatically affect the value of your settlement. That’s why it’s critical to have us in your corner. We counter these tactics with hard evidence, expert testimony, and strategic negotiation. We ensure that your role, if any, is fairly evaluated, not exaggerated by insurers seeking to minimize costs. 

Don’t Let Comparative Negligence Cost You the Compensation You Deserve 

Just because you may share some responsibility doesn’t mean you don’t deserve justice. Texas law acknowledges that life is complex, and accidents often have multiple causes. With us by your side, you can still recover the financial support you need to move forward. 

At David K. Wilson & Associates, we’ve helped hundreds of clients throughout Bonham and North Texas fight back against unfair blame and maximize their compensation. We handle the legal stress so you can focus on healing. 

Contact David K. Wilson & Associates Today 

If you’ve been injured in an accident and think comparative negligence might apply, don’t wait. Contact us today for a free, no-obligation consultation. We’ll review your case, explain your options, and fight to get you every dollar you deserve.