Most states (including Texas) use what’s called a “modified comparative fault” rule when it comes to comparative negligence in a car accident. This means that as long as you can show that you were less than 50% at-fault for the accident, you should still be able to recover compensation for your injuries, losses, and other damages.
If a case were to make it to trial, any compensation awarded to the victim will be automatically reduced by their percentage of fault. This allows victims who may have contributed to their own injuries to recover at least some compensation from the other party. For example, if the court determines that you were 25% responsible for the accident, a $200,000 award would be reduced by $50,000 to $150,000. If you are found to be 51% or more at-fault for the wreck, you cannot recover any compensation at all.
In reality though, most accident claims never actually reach a courtroom. That being said, settlement negotiations often hinge upon your likelihood of winning should the case go to trial. Unless you have an attorney on your side who’s experienced and willing to litigate, the insurance company has almost no reason to budge on their decision regarding your case.