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The accident I was involved in was partially my fault. Am I still able to file a claim?

Texas follows a comparative fault system to calculate damages for personal injuries, such as those incurred in a car crash. Texas is not a no-fault insurance state. In short, provided you are not more than 50 percent at fault for the collision, you can still claim damages. If you are more than 50 percent at fault, you get nothing in the way of compensation.

If you are partially at fault, the percentage of your fault reduces your damage award. An example would be a car accident where the plaintiff’s damages were assessed at $100,000.00 and the jury indicated that they found the plaintiff to be 49 percent at fault. Therefore, the plaintiff’s damages are reduced by 49 percent. In that example the plaintiff would recover $51,000.00.

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