Gainesville, Texas, sits at a busy crossroads where Interstate 35 and US Highway 82 funnel heavy truck traffic, casino-bound travelers, and local commuters, creating a hotspot for car accidents. Whether it’s a DUI-related crash linked to WinStar Casino just across the Oklahoma border or a multi-vehicle pileup on I-35, personal injury cases in Grayson County often face a unique challenge: Texas’s comparative negligence rule. Under Texas Civil Practice & Remedies Code § 33.001, if you’re found more than 50% at fault for an accident, you’re barred from recovering damages. Your compensation could be significantly reduced even if you are partially at fault, as insurance company representatives often try to shift blame to limit or lower payments. At David K. Wilson & Associates, we've been dedicated to helping Gainesville accident victims for over 40 years, securing high-value settlements, such as $10,000,000 for a semi-truck accident, by countering these tactics. This guide explains Texas’s 51% fault rule, illustrates its impact through local scenarios like casino DUI crashes, and shows how our firm maximizes your recovery to cover medical bills, lost wages, and pain and suffering. 

Understanding Texas’s Comparative Negligence Rule 

Texas follows a modified comparative negligence system, specifically the 51% fault rule, as outlined in Tex. Civ. Prac. & Rem. Code § 33.001. This means: If you’re 50% or less at fault, you can recover damages, but your percentage of fault reduces your award. For example, if you’re 30% at fault in a $100,000 claim, you’d receive $70,000. 

If you’re 51% or more at fault, you’re barred from recovering any damages, even if the other party was negligent. Fault is determined by juries or judges based on evidence like police reports, witness statements, and accident reconstructions, assessing each party’s contribution to the incident. 

In Gainesville, where TxDOT reports over 523,000 crashes statewide in 2023 (with rural areas like Grayson County accounting for 27% of incidents but 53% of fatalities), insurers often exploit this rule to shift blame onto victims, especially in complex cases involving DUI or trucking accidents. 

Scenarios Where Comparative Negligence Impacts Gainesville Cases 

Due to Gainesville's unique identity as a border town with heavy casino traffic and trucking routes, many scenarios involve comparative negligence. Here are two commonly seen scenarios:  

Scenario 1: Casino DUI Crash on I-35 

Imagine you are driving home on I-35 southbound from WinStar Casino on a Saturday evening. A drunk driver, returning from the same venue, swerves into your lane, causing a head-on collision. You suffer a traumatic brain injury (TBI), classified as a “serious personal injury” under Texas law (fractures, disfigurement, or permanent impairment). Medical bills pile up at North Texas Medical Center, and you miss months of work. 

• Insurer’s Defense: The drunk driver’s insurance claims you were 40% at fault, alleging you were distracted by your phone (based on a witness seeing you glance down) or speeding slightly, contributing to the crash. They argue your $200,000 claim should be reduced to $120,000 or denied if fault exceeds 50%. 
• Reality: The harsh reality is that in 2023, there were 1,127 DUI wrecks in Texas (26% of traffic fatalities), which manifest themselves as evidence of negligence on the part of an impaired driver. In a 2024 case in Gainesville, Texas, a jury concluded there were no extenuating circumstances for their verdict after the police sobriety tests and the officer's video demonstrated the reckless behavior of the drunk driver.  

Scenario 2: Trucking Accident on US 82 

A semi-truck rear-ends you on US 82 close to FM 678, a rural area with heavy freight activity. The trucker was fatigued, violating FMCSA hours-of-service rules, causing a spinal injury requiring surgery. Texas sees 38,621 commercial vehicle crashes annually, with Grayson County a hotspot due to its proximity to I-35. 

• Insurer’s Defense: The trucking company claims you’re 60% at fault for braking suddenly or failing to signal a turn, citing skid marks or a biased witness. They aim to bar your $500,000 claim entirely or slash it significantly. 
• Reality: Our firm’s $2.5M truck accident settlement demonstrates our use of black-box data, driver logs, and expert testimony to prove trucker negligence, minimizing victim fault. In a 2025 US 82 case, we reduced a client’s fault from 50% to 10%, securing $450,000. 

These scenarios illustrate how insurers exploit comparative negligence to underpay victims, particularly in Gainesville’s high-risk corridors. 

How Insurers Shift Blame in Gainesville Cases 

Insurance companies use tactics to inflate your fault percentage, particularly in DUI and trucking cases: 

• Casino DUI Claims: Insurers may allege you were also impaired (even without evidence) or distracted by casino nightlife, using vague witness statements or social media posts to paint you as reckless. 
• Trucking Crashes: They might claim you caused the accident by merging improperly or stopping in a “no-zone” (blind spot), despite trucker violations like speeding or fatigue (common in 2024 TxDOT reports). 
• Evidence Manipulation: Adjusters delay investigations, hoping evidence like surveillance footage from I-35 gas stations or US 82 cameras degrades, weakening your case. 

Texas’s 51% rule makes these defenses potent, as even a 1% shift past 50% can end your claim. Gainesville’s rural roads, with fewer witnesses and longer police response times, complicate proving fault without legal help. 

How David K. Wilson & Associates Maximizes Your Payout 

Our firm counters insurer tactics to ensure Gainesville victims receive maximum compensation, guided by our commitment to “defend the rights of the afflicted” (Proverbs 31:9). Here’s how we fight: 

• Thorough Investigations: We secure TxDOT CR-3 reports ($6 fee), dashcam footage, and witness statements from Gainesville PD or Grayson County Sheriff’s Office within days to preserve evidence. 
• Expert Testimony: We hire accident reconstructionists and medical experts to prove the other party’s negligence, e.g., DUI sobriety tests or trucker log violations, minimizing your fault percentage. 
• Aggressive Negotiations: Insurers often settle faster when faced with our $10M truck settlement track record. In a 2024 I-35 DUI case, we reduced a client’s alleged 40% fault to 5%, securing $180,000 of a $200,000 claim. 
• Courtroom Advocacy: If insurers refuse fair offers, we litigate in Grayson County courts, leveraging David Wilson’s 40+ years to sway juries against blame-shifting tactics. 

Why Act Quickly? 

Texas’s two-year statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.003) starts from the injury date. Delays risk losing evidence, such as I-35 traffic cam footage or witness memories, which can strengthen insurer defenses. Early action ensures we can build a case before the deadline, especially for complex DUI or trucking claims. 

Contact David K. Wilson & Associates Today 

Don’t let insurers blame you for Gainesville’s dangerous roads. If you’ve been injured on I-35, US 82, or near WinStar due to someone else’s negligence, call David K. Wilson & Associates at (903) 870-9050 or contact us online for a free consultation. Our Sherman-based team, with multimillion-dollar wins and a faith-driven mission, fights to maximize your compensation, with no fees until we win. From DUI wrecks to truck collisions, we’re your local advocates in Grayson County. Act now to protect your rights and rebuild your future.