Even if you were partly at fault you can still recover part of your damages so long as you were not more at fault than the defendant. For example, assume that the jury determines that the defendant driver was 70% at fault, that you were 30% at fault, and that your medical expenses, lost earnings, pain and suffering, mental anguish, physical impairment and other damages total $100,000. The court will award you judgment of $70,000. But if you are found to be 51% at fault and the defendant only 49%, you recover nothing. The police accident report is important but not conclusive. Sometimes the report is wrong. Sometimes the jury disagrees with the conclusions of the investigating officer. If your injury is severe you should discuss the evidence thoroughly with an experienced trial lawyer, even if the accident report is unfavorable. In 2003 the Texas Legislature passed a tort reform package of laws. One of the laws that may adversely affect your case is a provision that a defendant can attempt to shift blame to a "Responsible Third Party," even if that person is uninsured, insolvent, unidentified or absent from the court's jurisdiction.  As of early 2004 it is still too early to know just how much impact the new law will have on ordinary motor vehicle accident cases.