Houston Wrongful Death Attorney: J. Gonzalez
by Benjamin Treviño | July 25th, 2025 | Auto Accident, Blog, Fatal Crash, Pedestrian Accident
How Comparative Negligence works
In Texas, comparative negligence, also known as proportionate responsibility, means that if you are injured in an accident where you are partially at fault, your compensation may be reduced based on your percentage of fault.
Texas follows a modified comparative negligence system, specifically the 51% Bar Rule. This means you can still recover damages as long as you are not more than 50% at fault for the accident. However, if your fault is 51% or greater, you cannot recover any damages.
Modified Comparative Negligence:
Texas uses this system, meaning you can still recover some damages even if you are partially at fault.
51% Bar Rule
If your percentage of fault is 51% or more, you are barred from recovering any compensation.
Example:
If you are 20% at fault and your total damages are $100,000, your compensation would be reduced by 20% ($20,000), and you would receive $80,000.
Proving Negligence:
To recover damages, you must prove the other party was negligent and that their negligence caused your injuries.
Elements of Negligence:
This typically involves demonstrating a duty of care, a breach of that duty, causation, and damages.
Contact J. Gonzalez
You should not automatically assume you are partially to blame for an accident, nor should you state that you are in any way at fault without first hiring an attorney.
This is especially true if you were injured, as an injury can affect your judgement in the anxiety of the moment.
The J. Gonzalez Law Firm has years of experience investigating accidents and it’s very possible we might uncover details that can mitigate your responsibility.
Call us today if you’ve been injured in a crash and you’re accused of being at fault. We can help you unravel the legal complexities and determine the facts that may show you are not to blame.
Contact us via this website or by calling 1-800-CAR-CRASH today!
HPD investigating deadly auto-pedestrian crash, DWI suspected
By: Benjamin Treviño
HOUSTON – Houston police are investigating an auto-pedestrian accident that claimed the life of a woman. The driver may have been intoxicated, police say.
The incident happened July 20 just before 11:30 p.m. on the East Freeway at Uvalde Road. According to police, a family was driving home when an argument broke out inside the car.
An HPD press release did not specify how many people were in the car or what the argument was about.
According to the report, the driver stopped the car on the shoulder of the road and a woman exited the vehicle. Police said the woman then stepped onto the roadway, and was struck by a motorist.
According to police, the driver who hit the woman stopped at the scene, but showed signs of intoxication and was detained for a possible DWI.
No names had been released as of this report, and the crash remained under investigation.
