Texas proportionate responsibility
Texas law generally bars recovery when a claimant’s percentage of responsibility is greater than 50 percent. When the percentage is 50 percent or less, recoverable damages are generally reduced by that percentage.
Official source: Texas Civil Practice and Remedies Code Chapter 33.
Why the facts matter
Responsibility can depend on testimony, physical evidence, vehicle data, reports, photographs, video, and applicable traffic rules. An insurer’s initial position is not necessarily the final allocation.
Preserve evidence
Save original photographs, video, witness contacts, repair information, and written communications. Do not edit or overwrite original media.