Understanding Liability, Compensation, and How Kelley Wolff Injury Attorneys Can Help

If you’ve been injured in a car accident in Texas, understanding the state’s fault laws is critical to protecting your right to compensation. Texas follows a “fault-based” insurance system and uses a rule called modified comparative negligence to determine who is financially responsible for damages. These legal concepts can directly impact whether you can recover money—and how much.

At Kelley Wolff Injury Attorneys, we help car accident victims in Austin and Central Texas understand their rights under Texas law and build strong claims to maximize compensation. Here’s what you need to know.

Texas Is an At-Fault State

In Texas, the driver who causes an accident is legally responsible for the damages. This means the at-fault party’s insurance company is typically expected to pay for:

• Medical expenses

• Lost income

• Vehicle repairs or replacement

• Pain and suffering

• Other related costs

If the other driver caused your crash, you can file a claim against their insurance provider, or sue them directly if needed.

Modified Comparative Fault in Texas

Texas uses a modified comparative fault rule (also known as proportionate responsibility). Under this rule:

• You can recover compensation if you are 50% or less at fault for the accident.

• If you are more than 50% at fault, you are barred from recovering damages.

• If you are partially at fault (less than 51%), your compensation will be reduced by your percentage of fault.

Example:
If you’re awarded $100,000 in damages but found to be 20% at fault, your recovery would be reduced to $80,000.

Why Fault Matters in Your Claim

Determining fault is often the most heavily contested issue in a car accident claim. Insurance companies may try to shift blame to avoid paying full compensation—or deny the claim altogether. This is why it’s so important to have a skilled attorney gather evidence, interview witnesses, review crash reports, and work with accident reconstruction experts if necessary.

Common Disputes Over Fault in Austin Accidents

At Kelley Wolff Injury Attorneys, we frequently handle cases involving contested liability, such as:

• Rear-end collisions where the rear driver blames sudden stopping

• Intersection crashes where both drivers claim to have had the right of way

• Pedestrian or cyclist accidents where fault is unclear

• Multi-vehicle accidents with several parties involved

• Distracted driving or DUI claims where evidence must be obtained quickly

These types of cases demand thorough investigation and strong legal strategy to protect your right to recover damages.

How Kelley Wolff Law Can Help

If you’re injured in a car accident in Austin, dealing with insurance adjusters, legal deadlines, and fault disputes can be overwhelming—especially while recovering from injuries. That’s where we come in.

At Kelley Wolff Law, we help you by:

• Investigating the cause of the crash to determine liability

• Preserving evidence, including police reports, photos, and medical records

• Challenging unfair fault assignments from insurance companies

• Negotiating for full and fair compensation for your damages

• Taking your case to court if a settlement cannot be reached

Whether you’re dealing with minor injuries or a life-altering crash, we tailor our legal strategy to your specific needs.

Don’t Let Fault Rules Cost You Your Case

Even if you were partially at fault, you may still be entitled to compensation under Texas law. But time is limited—Texas has a two-year statute of limitations for most personal injury claims. The sooner you act, the better your chances of building a strong case.

Talk to an Austin Car Accident Attorney Today

At Kelley Wolff Law, we’re here to answer your questions, protect your rights, and fight for every dollar you deserve. If you’ve been injured in a car accident in Austin or the surrounding areas, don’t wait to get the legal help you need.

Contact us today for a free consultation. Let us help you understand your rights under Texas fault laws—and guide you toward the recovery you deserve.