Texas Comparative Negligence After a Houston Car Accident

When a crash upends your life, one question often decides the path forward: how is fault shared? This guide explains the basics of Texas comparative negligence after a Houston car accident so you can see how responsibility percentages may affect a claim. We’ll stick to plain language, link to the Texas statutes, and point to helpful state and city resources that people in Houston and the greater Houston area actually use. (General information only, not legal advice.)

What “Comparative Negligence” Means in Texas

Texas uses a rule called proportionate responsibility, found in the Civil Practice & Remedies Code, Chapter 33. Under this rule, a person may not recover damages if their percentage of responsibility is greater than 50%—often called the 51 percent bar rule in Texas. If a person is 50% or less responsible, any recovery can be reduced by that same percentage. 

Two quick takeaways follow from the statute:

• Every involved party’s conduct can be evaluated and assigned a percentage.
• If you are over 50% responsible, you recover nothing; if you are 50% or less, your recovery is reduced.

That’s the core of Texas comparative negligence. The exact numbers depend on facts, evidence, and the negotiations or verdict in your case. The stronger your proof, the easier it is to push back if an insurer claims you share more blame than you should.

Why Your Evidence Matters in the Houston Area

Comparative fault debates start with proof. In a busy city like Houston—where many crashes happen on I-10, I-45, the West Loop, and surface streets—clear evidence helps show what really happened. Police reports, photos, and medical records all point in the same direction when they’re collected and organized well.

For collisions with injury or death (or apparent property damage of $1,000 or more), Texas law requires the investigating officer to file an official report—commonly called the CR-3. Officers must file it electronically, typically within 10 days.

If your crash happened inside the city, the Houston police accident report is available through HPD’s Records Division once processed. HPD explains what identifiers you need and how to request a copy.

If the crash occurred elsewhere in the greater Houston area—for example, in Spring or another suburb—your report still routes to TxDOT, which maintains statewide records and sells copies through its online system.

How Shared Fault Can Affect a Settlement

When people talk about a car accident settlement in Texas, they often focus on medical bills and repairs. But the percentage assigned to each party can be just as important. Insurers review the police report, photos, road markings, and witness accounts to argue for a higher or lower share of responsibility. If they raise your percentage, it reduces what they owe.

This is why consistent documentation—photos, treatment records, and a clear timeline—matters in a shared fault car accident in Houston situation. If an adjuster suggests a high percentage against you, ask what evidence supports it and what they used to reach that number.

Building a Record That Supports Your Position

You don’t need a pile of paperwork to make your point, but you do need the right items. Start with the essentials and keep them together in one place.

Key documents that help with proportionate-fault questions:

• Police report(s): HPD report (if within Houston) and the Texas CR-3 crash report from TxDOT. These place facts and diagrams on record.
• Photos and video: clear images from all angles, plus any dashcam or nearby camera footage.
• Medical records after a car accident: ER notes, follow-ups, therapy summaries, and bills show the link between the crash and your injuries.
• Witness statements: names, contact details, and short written summaries can help resolve “my word vs. theirs.”

The police-report requirement and statewide handling of collision data are set out in Texas law, and the city provides the public-request details for Houston reports. Texas Transportation Code §550.062

Insurance Calls and Recorded Statements

After a crash, you may get a quick call asking for a recorded statement to insurance. You have options. The Texas Department of Insurance (TDI) offers consumer guidance on what to do after a wreck and how to deal with the other driver’s insurance. Their pages explain what to collect, what to say (and not say), and how claims typically proceed.

If the other driver was uninsured or fled, your own policy may involve an insurance claim after a car accident under uninsured/underinsured motorist coverage. TDI’s resources help you see how those claims work and what documents to gather. 

Deadlines: Don’t Wait on Key Records

There is a two-year statute of limitations for most Texas personal injury cases. That timeline is written in Civil Practice & Remedies Code §16.003. While many claims settle, it’s risky to rely on settlement talks alone as the deadline approaches. Getting police reports, medical records, photos, and bills in hand early makes it easier to make informed decisions.

HPD notes that crash reports can take several days to become available. TxDOT’s system also takes processing time before delivering a purchased CR-3. In short: request both early so you’re not scrambling later.

Practical Steps for Houston and Nearby Communities

People in the greater Houston area often juggle work, family, and traffic. Keeping a claim organized shouldn’t add stress. Here’s a short plan you can adapt:

• Request reports promptly. If your crash was inside the city, follow HPD’s instructions. If it was outside city limits (or you’re not sure), order the Texas CR-3 crash report from TxDOT.
• Collect and label photos. Save a set to the cloud with the date and intersection or highway noted in the file name.
• Centralize medical records. Ask providers for visit summaries and itemized bills. These documents are the backbone of many settlement talks in Texas.
• Track contact with insurers. Keep dates, names, and short notes. If a recorded statement is requested, TDI’s guidance helps you weigh the pros and cons.

Where the Law Lives (For Easy Reference)

If you want to read the actual statutes that govern Texas comparative negligence after a Houston car accident, start with these:

• Proportionate Responsibility (Comparative Negligence): Texas Civil Practice and Remedies Code Chapter 33 (includes the 51% bar).
• Statute of Limitations (Personal Injury): Texas Civil Practice and Remedies Code §16.003 (generally two years). 
• Officer Crash Reports (CR-3 requirement and filing): Texas Transportation Code §550.062 (report required; filed electronically). 
• Houston Police Department Records Division: public information on obtaining local crash reports.
• Texas Department of Insurance: consumer guidance on claims and dealing with insurers after a wreck. 

Talk With Us About Your Next Steps

If a recent car crash has you dealing with fault questions and insurance calls in Houston or the greater Houston area, we can help you sort the paperwork and focus on the rules that actually matter. At JB Law Group, PLLC, we gather the records, request reports, and line up the documents that drive fair discussions—always with an eye on Texas comparative negligence after a Houston car accident and the deadlines that apply. If you want a clear plan for your claim, talk with our team.