What Happens If the Deceased Was Partially at Fault?
Losing a loved one is one of the most painful experiences you can experience. When that loss is tied to an accident—and emotions collide with unanswered questions—the situation can be even harder. Families often feel overwhelmed, heartbroken, and unsure of what steps to take next.
Wrongful death cases already place a significant burden on the deceased's surviving family members, but things can often feel confusing when the deceased may have been partially at fault. Under Texas law, specific details can determine whether a wrongful death case can move forward.
If you have experienced the death of a loved one following an accident, our team at Gardner Law Firm can provide the clarity and support you need. Located in Rockport, Texas, we handle personal injury cases in Rockport, Corpus Christi, and other nearby areas. If you lost a family member in an accident who was partially at fault for that accident, contact us today for skilled legal assistance.
Comparative Fault in Wrongful Death Cases
It's common to worry that any level of fault immediately prohibits you from recovering compensation. However, in Texas, that isn’t true. Even if the deceased shares responsibility, you may still be eligible to pursue damages.
Texas follows a legal principle called modified comparative fault, which determines whether the surviving family can collect compensation and how much they may receive. Under this system, if the deceased was partially at fault, the damages awarded to the family may be reduced by the percentage of the fault assigned to the deceased.
This concept closely mirrors the rules used in personal injury cases. Wrongful death cases apply those same rules to the losses suffered by the surviving family members. Texas' comparative fault laws can influence many aspects of a wrongful death claim, from settlement negotiations to the final amount awarded by a jury.
How Fault Is Assigned After a Fatal Accident
To determine fault, the courts will review the evidence, witness testimony, and circumstances that caused the accident. Since the deceased isn’t able to give their account, their families often worry that fault will automatically be placed on their loved one. That’s not how the system works. Investigators and legal professionals look at the full picture.
Before reviewing the list, it’s important to understand that fault is rarely assigned with a single piece of evidence. Multiple sources help paint a reliable and complete picture of what happened, allowing investigators to make fair determinations based on the available facts. The common factors that are used to assess fault include:
Police reports
Witness statements
Photographs or video footage
Physical evidence from the scene
Expert evaluations, such as accident reconstruction
After these materials are reviewed, the courts will draw a conclusion about how the accident occurred and whether the deceased contributed in any way. Once fault is assigned, the percentage of fault assigned to each party serves as the basis for how compensation is calculated.
When You Can Still Recover Compensation
Even if the deceased was partially responsible, their surviving family may still be eligible to receive financial compensation, so long as the deceased wasn’t more than 50% at fault. If they are considered 50% or less responsible for the accident, the case may proceed. If they’re 51% or more responsible, Texas law prevents family members from recovering damages.
This law is similar to how Texas courts handle personal injury cases, in that compensation decreases based on the percentage of fault and is capped once fault exceeds the legal threshold. If you are eligible to recover compensation, some of the common types of damages you may be able to receive include:
Funeral and burial expenses
Loss of the deceased’s income and financial contributions
Loss of companionship, guidance, and support
Mental anguish experienced by surviving family members
Medical expenses related to the final injury
These damages are designed to help your family rebuild after an immeasurable loss. While no amount of compensation can replace a loved one, these financial recoveries can support your family’s future and help you move forward after such a devastating event.
Why Wrongful Death Claims Still Matter When Fault Is Shared
Even when the deceased may have contributed to the accident, wrongful death claims remain important. You and your family shouldn’t feel discouraged or assume that partial fault destroys your case. Many wrongful death claims involve shared responsibility, and Texas law provides a clear pathway for filing a claim for compensation. Some key reasons these claims remain important even with shared fault include:
They help families access financial support after an unexpected loss
They hold negligent parties accountable for their actions
They provide legal recognition of the harm suffered
They support long-term emotional and financial stability
These types of claims matter because they allow families to hold the responsible parties accountable, even when fault isn’t absolute. The deceased's surviving family often faces emotional and financial losses that can affect every aspect of daily life. Wrongful death claims help them secure what they need for their future.
How Texas Law Connects Wrongful Death and Personal Injury Principles
Since wrongful death cases involve injuries that result in death, they closely align with the principles used in personal injury law. Comparative fault rules apply to both types of cases, and both focus on fairness, accountability, and the allocation of responsibility among the involved parties.
Texas courts use these shared principles to help determine whether compensation is available and how much may be awarded. While you and your family may feel overwhelmed by the legal process, a personal injury attorney with experience handling wrongful death cases can guide you through filing a claim and advocating for the compensation you deserve.
Take the Next Step With Gardner Law Firm
If your family is grieving the loss of a loved one following an accident, you don't have to handle the legal aspects alone. At Gardner Law Firm, our experienced personal injury attorney can help you understand your options, evaluate your potential claim, and take meaningful steps forward.
Located in Rockport, Texas, we serve clients throughout the surrounding areas, including Corpus Christi. Contact us today to schedule a free consultation and get the support you need.