After a crash you may wonder whether being at fault means you are out of options. It usually does not. Even when you share blame for an accident, the law in Louisiana and Texas can still let you recover part of your damages — and what you receive turns on the percentage of fault assigned to you.
What “fault” means
When you are at fault for a crash, you are legally responsible for it. In injury claims and lawsuits, the at-fault driver carries the blame because of their negligence — doing something, or failing to do something, that contributed to the wreck. Common examples include drunk driving, speeding, texting while driving, running a red light, tailgating, and failing to maintain a vehicle.
Fault is rarely all-or-nothing. More than one driver can share blame, especially in multi-vehicle collisions, and how that shared fault is handled depends on which state’s law applies.
What happens if you are partially responsible
Louisiana follows pure comparative negligence. Your recovery is reduced by your share of fault, but you are not barred from recovering even if you are mostly to blame. If a court finds you 30% at fault and your total damages are $150,000, you may recover 70% — $105,000.
Texas follows modified comparative negligence, also called proportionate responsibility. You may recover only if your fault is 50% or less; cross that line and you recover nothing. If you are found 40% at fault and the other driver 60%, you may recover 60% of the available damages. In both states, your percentage of fault directly reduces what you receive.
Effect on your insurance and license
If you are partially liable, your auto policy generally covers the other driver’s losses up to your liability limits — 15/30/25 minimum in Louisiana and 30/60/25 in Texas. Your premiums may rise at renewal, and the increase tends to track the severity of the crash and how much the insurer pays out.
Your driver’s license can also be at risk. Under the Texas Safety Responsibility Act, your license may be suspended if a crash causes injury, death, or property damage of $1,000 or more. In Louisiana, the Department of Public Safety and Corrections may suspend a first-time offender’s license for up to 12 months when the accident injures other road users.
Why fault disputes need scrutiny
The fault percentage is not fixed at the scene — it is argued, and the other driver’s insurer has every reason to push more of it onto you. A careful investigation can show that the other driver contributed more than first assumed, which can lower your share and raise your recovery. If you are at fault or partially to blame for a crash, a Louisiana injury lawyer can assess the full extent of your damages and protect your rights through the claims process.