An allegation is not the final allocation
Being told that you contributed to a collision does not settle the legal question. Different people may describe the same event differently. Preserve the information needed to evaluate those accounts: photographs, video, witness details and the factual sequence.
An insurer’s initial position is a position in the claim. An attorney can examine the evidence and explain how a responsibility dispute affects the next steps. Do not assume a label in a conversation establishes the outcome of a lawsuit.
The general Texas rule
For claims governed by Chapter 33 of the Texas Civil Practice and Remedies Code, a claimant whose responsibility exceeds 50% cannot recover damages. If recovery is not barred, the amount is reduced by the claimant’s responsibility percentage. Applicability and other legal issues require review.
For illustration only, if damages were $100,000 and responsibility were 20%, the responsibility reduction would produce $80,000 before other applicable adjustments, costs or fees. This arithmetic is not a prediction of liability, damages or any settlement.
Why the sequence matters
Describe the moments before impact in order. Where was each vehicle? What did you observe about the signals, lanes and movement? Which details are visible in a photograph or recording, and which depend on memory?
Avoid changing your account to fit an accusation. If you do not know a speed, distance or timing, say so. A precise statement of uncertainty is better than a confident guess. Tell counsel about any earlier statement you gave so differences can be evaluated accurately.
What to ask an attorney
Ask what evidence would help resolve the dispute, whether Chapter 33 applies to the claim and how multiple parties may affect the analysis. Bring the insurer’s written explanation if available.
This article cannot assign your responsibility percentage. The firm can discuss the available facts and possible next steps through a consultation. Preserve the original records and seek advice before deciding whether an offer fairly addresses your situation.
General educational information. This article does not decide liability, coverage, damages or deadlines for your matter.