Can I recover anything if the crash was partly my fault?

Often, yes. In both Louisiana and Texas you can recover if your share of fault is 50% or less, reduced by that percentage. Louisiana adopted that 51% bar for accidents on or after January 1, 2026; for earlier Louisiana accidents, even a mostly at-fault driver can recover the portion of damages tied to the other driver's fault.

How does my percentage of fault change what I receive?

Your damages are reduced by your fault share. If your damages total $150,000 and you are found 30% at fault in Louisiana, you recover $105,000 — 70% of the total. The higher your assigned fault, the smaller the award.

Will an at-fault accident raise my insurance or affect my license?

It can. Insurers often raise rates after an at-fault injury crash, with the size of the increase tied to severity and payout. Your license can also be suspended — Texas under its Safety Responsibility Act for crashes causing injury, death, or property damage of $1,000 or more, and Louisiana for up to 12 months for a first-time offender who injures others.

What If You Are at Fault in an Auto Accident?

Last reviewed: June 8, 2026 Trey Morris Injury Lawyers

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 modified comparative fault for accidents on or after January 1, 2026: your recovery is reduced by your share of fault, and you recover nothing if you are 51% or more to blame. For earlier accidents, fault reduces the award but never bars it. 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.

Frequently Asked Questions

Can I recover anything if the crash was partly my fault?: Often, yes. In both Louisiana and Texas you can recover if your share of fault is 50% or less, reduced by that percentage. Louisiana adopted that 51% bar for accidents on or after January 1, 2026; for earlier Louisiana accidents, even a mostly at-fault driver can recover the portion of damages tied to the other driver's fault.
How does my percentage of fault change what I receive?: Your damages are reduced by your fault share. If your damages total $150,000 and you are found 30% at fault in Louisiana, you recover $105,000 — 70% of the total. The higher your assigned fault, the smaller the award.
Will an at-fault accident raise my insurance or affect my license?: It can. Insurers often raise rates after an at-fault injury crash, with the size of the increase tied to severity and payout. Your license can also be suspended — Texas under its Safety Responsibility Act for crashes causing injury, death, or property damage of $1,000 or more, and Louisiana for up to 12 months for a first-time offender who injures others.