In this video Houston attorney Gregg Anderson of the law offices of Terry Bryant answers the question: Can I still sue if I was partially at fault for the accident? Absolutely, Texas is what's called a comparative fault state, which means that the fault of the different parties involved in a wreck are compared with each other. If a car hits a pedestrian in a roadway and the case is tried, a jury would be asked to assess fault based on a percentage basis both of the driver of the car and the pedestrian. So if th driver of the car was determined to be 80% at fault and the pedestrian was determined to be 20% at fault, then the pedestrian's award of money would be reduced by 20%.