How does shared fault affect a Fort Worth injury claim in Texas?
What the insurance company does not want you to know is that being partly at fault does not automatically kill your Texas injury claim.
Texas uses modified comparative negligence. That means you can still recover money if you are 50% or less responsible. Your compensation is reduced by your percentage of fault. If you are found 51% or more at fault, you recover nothing.
The follow-up question you should be asking right now is: what evidence will they use to push you over 50%?
In Fort Worth, insurers move fast on that. After a spring or summer motorcycle or bicycle crash, they often argue you were hard to see, you changed lanes suddenly, you were speeding, or you were not wearing visible gear. In a movie theater fall or ceiling-collapse case, they may claim you ignored warning signs, were looking at your phone, or went into a restricted area.
Fault is usually pieced together from:
- Fort Worth Police Department reports or a TxDOT CR-3 crash report
- witness statements
- surveillance video
- photos of the scene, debris, lighting, leaks, or warning signs
- medical records showing how and when the injury happened
This is time-sensitive because video can be erased in days, and damaged property gets repaired fast. If your injury affects your ability to work and support your household, every lost week matters.
The main deadline is usually 2 years from the injury date for a Texas personal injury lawsuit. But waiting that long is risky. If a city-owned property, bus, or other government unit is involved, notice deadlines can be much shorter. In Fort Worth, claims against government entities can trigger early notice rules under the Texas Tort Claims Act.
If you were treated after a serious crash or collapse, records from facilities like JPS Health Network or larger Texas trauma centers can also become key proof on causation and fault percentages.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
Find out what your case is worth →