Will You Still Get Paid If You're Partly at Fault in a Texas Car Accident? The 51% Bar
How much you recover after a Houston car accident can hinge on how much fault Texas's 51% bar assigns to you. Ben Dominguez, a Houston personal injury attorney with more than 30 years of experience, walks through the Texas car accident claim process from the scene to Harris County court. Questions answered in this episode: What should you do in the first few minutes after a car accident in Houston? Are you legally required to report a car accident in Texas? How does Texas's fault-based insurance system work for car accident claims? How does comparative negligence affect a Houston car accident claim? Can you still recover money if you're partly at fault under Texas's 51% bar? How long do you have to file a car accident lawsuit in Texas? Can you sue the City of Houston after a crash involving a government vehicle? Topics covered: Texas's fault-based insurance system, comparative negligence and the 51% bar, the 30/60 minimum auto insurance limits, the two-year statute of limitations, the Texas Tort Claims Act's six-month notice requirement, contingency fee agreements, and Houston hazards including I-45, the 610 Loop, and Port of Houston truck traffic. Ben Dominguez on the 51% bar: "For me to win any money, first thing to know is the jury has to say at least 51% against the other person. Let's say the jury awards $100,000 and they say 51% fault of the other person, then I only get 51% of whatever the jury awarded. So in that case, $51,000." Ben Dominguez on insurance adjusters: "Insurance companies are a business. They're sophisticated in what they do. They have a goal. The goal is to avoid paying money on a claim." Ben Dominguez on the filing deadline: "Here in Texas, you have two years from the date of the accident to file a lawsuit, and if you don't, you'll forever lose your right to do that here in Texas." Ben Dominguez has represented injured Houstonians for 30+ years, with free consultations and no fee unless he recovers for you. Free consultation: benwins.com Phone: (713) 804-6822 Office: Houston, Texas #Texas51PercentBar #HoustonCarAccidentLawyer #TexasComparativeNegligence #TexasTortClaimsAct #HarrisCountyPersonalInjury #BenDominguezLawFirm This podcast is for general informational purposes about Texas personal injury law and does not constitute legal advice for any specific situation. Watching or listening to this episode does not create an attorney-client relationship with Ben Dominguez Law Firm. Consult a licensed attorney for advice on your specific situation. Free consultations available. Chapters 00:00:00 Welcome back to Ben Wins Texas Law Podcast 00:00:50 What Should You Do in the First Minutes After a Houston Car Accident? 00:02:52 Are You Legally Required to Report a Car Accident in Texas? 00:03:36 Should You See a Doctor After a Houston Crash Even If You Feel Fine? 00:05:29 How Does the Texas Fault-Based Insurance System Work After a Crash? 00:06:53 The 30/60 Rule: What Are the Texas Minimum Auto Insurance Limits? 00:07:41 How Does Comparative Negligence Work in a Houston Car Accident? 00:08:48 How Do You File a Car Accident Insurance Claim in Texas? 00:10:03 Should You Talk to a Texas Insurance Adjuster Without a Lawyer? 00:10:56 How Long Do You Have to File a Car Accident Lawsuit in Texas? 00:11:24 The 51% Bar: Can You Still Get Paid If You're Partly at Fault in Texas? 00:12:55 Can You Sue the City of Houston After a Crash? Texas Tort Claims Act 00:14:00 What Evidence Matters Most for a Houston Car Accident Claim? 00:14:45 What Damages Can You Recover After a Texas Car Accident? 00:15:33 What Makes Houston Car Accidents Different From Those in Other Cities? 00:16:58 When Should You Call a Car Accident Attorney in Houston? 00:18:33 How Does a Contingency Fee Work for a Houston Car Accident Case? 00:19:10 Settle or Sue? When Should You Go to Trial in Harris County? 00:20:16 What Mistakes Hurt a Houston Car Accident Claim Most? 00:21:47 How Do Rideshare and Truck Accidents Change a Houston Claim? 00:23:32 The One Thing to Remember After a Houston Car Accident

Bilingual Houston Personal Injury Attorney Serving the Greater Houston Area Since 1994
Ben Wins Texas Law Podcast brings the judgment Ben Dominguez has built over 30 years of Texas personal injury and products liability practice directly to accident victims in Houston and Harris County. Ben Dominguez has been a Texas-licensed attorney since 1993 (Bar No. 00786415), runs a solo practice at 4899 Montrose Blvd., and handles cases in English and Spanish for clients throughout the Greater Houston area.
Each episode addresses what Houston drivers, riders, and pedestrians actually raise on intake calls: the two-year statute of limitations under Texas Civil Practice & Remedies Code Section 16.003, Texas modified comparative fault under Section 33.001, how to respond when an adjuster calls the day after the crash, and why evidence preservation on Houston freeways and surface streets often matters more than the initial medical record. Ben Dominguez's podcast covers the practical answers he gives clients in the office.
The two most important things a Houston accident victim can do in the first 48 hours are simple, see a doctor, and stop talking to the other driver's insurance company until you have counsel.
— Ben Dominguez, Ben Dominguez Law Firm
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Will You Still Get Paid If You're Partly at Fault in a Texas Car Accident? The 51% Bar
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