Can I Still File a Claim If I Was Partially at Fault in a DUI Accident?

Drunk driving accidents are devastating and often life-altering. When an intoxicated driver causes a crash, they are generally presumed to be at fault due to their impaired state. However, if you were also involved in the accident and believe you made a mistake, such as speeding or running a stop sign, you might be wondering if you're still entitled to file a personal injury claim. 

The short answer is yes, you may still be eligible to recover compensation, even if you share some responsibility for the collision. The key lies in how fault is assigned in Texas and what percentage of blame is attributed to each party. These factors will determine whether you can pursue a claim and how much compensation you might receive. Texas follows a legal framework known as modified comparative fault, and understanding how this rule works is essential if you’ve been hurt in a crash involving a drunk driver.

What Is Modified Comparative Fault?

Texas courts apply the modified comparative negligence rule, also known under state law as proportionate responsibility. This legal doctrine allows multiple parties to share responsibility for an accident. When an injury claim is filed, each person’s actions are examined, and a percentage of fault is assigned based on the circumstances. Here’s how it works:

• You can recover compensation as long as you are 50% or less at fault for the accident.
• If you are found to be 51% or more responsible, you are barred from recovering any damages.
• Your compensation is reduced based on your percentage of fault.

Let’s break that down with an example. Suppose you are injured in a crash with a drunk driver. Your total damages, including medical bills, lost wages, and pain and suffering, amount to $120,000. However, it’s determined that you were 25% responsible because you made a sudden lane change without signaling. Under Texas law, you would still be eligible for compensation, but your recovery would be reduced by 25%. This means you could still receive $90,000 instead of the full $120,000. If, on the other hand, the investigation finds you were 51% responsible, you would be ineligible to receive any compensation under state law.

Why Drunk Drivers Are Often Primarily at Fault

In many drunk driving crashes, the intoxicated driver bears the majority, if not all, of the legal responsibility. Operating a vehicle under the influence of alcohol or drugs is a serious violation of Texas law and is considered negligent by default. Still, that doesn’t mean the other party’s actions are automatically ignored. If you contributed to the collision in some way, even if it seems minor, insurance companies and defense attorneys may attempt to shift blame onto you to reduce their financial liability. That’s why it’s important to prepare for this possibility and have strong legal representation. Some examples of contributory behavior that could impact your case include:

• Speeding or aggressive driving
• Failure to yield the right of way
• Not using turn signals
• Distracted driving, such as texting or adjusting your GPS
• Driving with mechanical issues like broken tail lights

Even though the drunk driver may have been the primary cause of the accident, any of the above behaviors could result in a shared fault determination that affects your compensation. That’s why collecting evidence and presenting your case effectively is so important.

How Fault Is Determined in Texas DUI Accident Cases

Fault is determined based on a combination of evidence, documentation, and sometimes expert analysis. In a DUI accident claim, the following elements typically come into play:

• Police Reports: These documents often contain valuable insights, including whether the driver was arrested for DUI, what citations were issued, and the officer’s observations at the scene.
• Breathalyzer or Blood Test Results: Proof that the other driver was intoxicated strengthens your case and typically leads to a higher percentage of fault being assigned to them.
• Witness Statements: Testimonies from people who saw the crash can help clarify how it occurred and who may have been at fault.
• Surveillance or Traffic Camera Footage: Video evidence can provide a clear picture of the events leading up to the crash.
• Accident Reconstruction Experts: In complex cases, these professionals can recreate the scene to better understand how each party contributed to the collision.

Keep in mind that insurance companies will conduct their own investigation, and they may try to pin more blame on you than is fair. Their goal is to minimize payouts. That’s why working with a legal team is crucial. They can challenge biased findings, present evidence in your favor, and ensure you are not unfairly held responsible. Our drunk driving accident attorneys have extensive experience handling cases involving shared fault. We understand how to counter arguments from insurers and ensure your rights are protected every step of the way.

Contact Barrow Law After a Fort Worth Drunk Driving Accident

It’s normal to feel unsure about filing a claim if you think your actions may have played a role in the accident. But don’t let that uncertainty stop you from pursuing the compensation you may be entitled to. Here are a few important steps you should take:

• Don’t Admit Fault at the Scene: It’s natural to want to apologize or explain what happened, but those statements can be taken out of context and used against you later.
• Gather Evidence: Take photos of the vehicles, the roadway, your injuries, and anything else that could be helpful in proving what really happened.
• Get Medical Treatment Right Away: Delays in treatment can harm both your health and your claim.
• Speak With a Lawyer: An experienced attorney can help evaluate your situation and build a strong case, even if you were partly responsible.

The legal system is designed to assign fault fairly, not to penalize you for every minor mistake. Filing a claim is about seeking justice and holding the intoxicated driver accountable for their actions.

If you've been hurt in a drunk driving accident and are unsure about your role or legal options, contact us. We’ll take the time to review your case and provide honest guidance about what comes next.