In Texas, you can recover damages under a modified comparative negligence system only if you’re 50% or less responsible for the accident that caused your injuries.
If a jury determines you are 51% or more at fault, you are barred from recovering any compensation, regardless of how severe your injuries are or how much the other party contributed to the incident.
This legal framework, codified in Chapter 33 of the Texas Civil Practice and Remedies Code, affects nearly every aspect of personal injury cases from car accidents and slip and falls to wrongful death claims.
Under this system, juries assign fault percentages to all parties involved in an accident, and your final recovery amount gets reduced by your percentage of fault.
Understanding how these rules work is crucial because insurance companies will use them strategically to minimize or eliminate your claim entirely.
This guide explains how Texas’s modified comparative negligence laws impact your case, what evidence helps protect your recovery, and how to navigate the fault allocation process effectively.
What Is Modified Comparative Negligence In Texas?
Modified comparative negligence is Texas’s way of deciding who pays when multiple people share blame for an accident. This means you can recover money for your injuries only if you’re 50% or less responsible for what happened.
If a jury finds you are 51% or more at fault, you recover nothing. It’s that simple and that harsh.
Here’s how your fault percentage affects your recovery:
- 0-30% fault: You recover most of your damages with a small reduction.
- 31-50% fault: You still recover, but with significant reductions.
- 51-100% fault: You recover absolutely nothing.
Imagine your car accident resulted in substantial damages. If a jury finds you partially at fault, your award will be proportionately reduced. But if you’re 51% at fault, you’d walk away with zero dollars.
Where Is The Law In The Texas Civil Practice And Remedies Code?
You’ll find Texas’s comparative negligence rules in Chapter 33 of the Texas Civil Practice and Remedies Code. This isn’t some obscure legal theory—it’s black letter law that judges must follow.
- Section 33.001 establishes the 51% bar rule. .
- Section 33.003 explains how juries must assign fault percentages to everyone involved.
- Section 33.012 covers how to calculate your final recovery amount.
These statutes control real outcomes in real cases. When I’m preparing your case, these are the rules we’re playing by. Insurance companies know these laws inside and out, and they’ll use them against you if you’re not prepared.
It’s also important to know that Texas comparative negligence statute doesn’t just apply to car accidents. It covers slip and falls, defective products, workplace injuries, and most other personal injury claims.
How Does The 51 Percent Bar Affect Your Recovery?
The 51% threshold creates a cliff effect in Texas personal injury cases. Cross that line, and your claim may be completely barred.
This makes fault allocation the most critical battle in your case. Insurance companies will fight tooth and nail to push your fault percentage above 50%. They’d rather pay nothing than pay a reduced amount.
Consider this real-world example: You’re rear-ended while changing lanes without signaling, and you incur substantial damages.
If a jury assigns you partial fault for the lane change, your recovery will be reduced in proportion to your share of fault. But if a factfinder finds you 51% at fault, you’d recover zero.
| Your Fault Percentage | Recovery on $200,000 Claim | Practical Result |
| 49% | $102,000 | Significant recovery |
| 50% | $100,000 | Reduced recovery |
| 51% | $0 | Complete loss |
This dramatic difference explains why fault percentages become so contentious. One percentage point can mean the difference between financial recovery and financial ruin.
How Do Courts Assign Fault Among Multiple Parties?
Texas courts require juries to assign fault percentages to every person who contributed to your accident. This includes you, the defendants, and anyone else who played a role, even if they’re not being sued.
The total must add up to 100%, and no one can be left out. While this system aims to ensure fairness, it can also complicate your case, especially if multiple parties are involved.
When there are several defendants, finger-pointing is common. Each defendant tries to blame the others to reduce their own liability. This can actually work in your favor by keeping your fault percentage lower.
What Are Designated Responsible Third Parties?
A designated responsible third party is someone who contributed to your accident but isn’t being sued for damages. Defendants can name these parties to shift blame away from themselves.
This happens frequently in trucking cases. The trucking company might blame the shipper who overloaded the truck, or a phantom vehicle that allegedly caused the trucker to swerve. Even though these third parties won’t pay you money, assigning them fault reduces what the defendants owe.
The strategy can backfire if the evidence doesn’t support the blame-shifting. Juries sometimes see through obvious attempts to escape responsibility and assign even higher fault percentages to defendants who point fingers without proof.
When Does Joint And Several Liability Apply?
Joint and several liability applies when a defendant is more than 50% responsible for your injuries. This rule lets you collect your entire judgment from that defendant, even if other parties also share fault.
This protection matters when multiple defendants have different abilities to pay. If one defendant is broke but another has deep pockets, you can collect everything from the solvent defendant if they’re majority at fault.
The rule also applies to defendants who acted with specific intent to harm you. These defendants face full liability regardless of their fault percentage. This ensures that intentional wrongdoers can’t hide behind comparative fault rules.
How Do Settlement Credits Change Your Bottom Line?
Settlement credits reduce your recovery dollar-for-dollar when you settle with some defendants before trial. Texas uses this system to prevent double recovery while protecting your right to pursue remaining defendants.
Here’s how it works: Your jury awards $300,000 in damages. You’d already settled with one defendant for $50,000, so your recovery from the remaining defendants would be $250,000, not the full $300,000.
This credit system affects settlement strategy significantly. Sometimes it makes sense to settle early for less money to avoid trial risks. Other times, holding out for trial maximizes your total recovery.
The timing of settlements also matters. Pre-trial settlements give you guaranteed money but reduce your potential upside. Post-verdict settlements let you know your total award before deciding whether to accept offers.
What Evidence Helps Reduce Your Percentage Of Fault?
Strong evidence is your best defense against excessive fault allocation. The more proof you have of the other party’s negligence, the lower your fault percentage will be.
Critical Evidence Types Include:
- Police reports: Officers’ initial fault determinations carry significant weight with juries.
- Witness statements: Independent observers provide credible accounts of what happened.
- Scene photographs: Visual evidence of damage patterns, skid marks, and debris fields.
- Expert testimony: Accident reconstruction specialists can scientifically prove fault allocation.
- Medical records: Documentation linking your injuries directly to the accident.
- Electronic data: Cell phone records, GPS data, and vehicle computer information.
The key is collecting this evidence quickly before it disappears. Skid marks fade, witnesses forget details, and electronic data gets overwritten. That’s why I start gathering evidence immediately after you hire me, ensuring nothing important slips through the cracks..
What Steps Should You Take To Protect Your Claim?
Your actions immediately after an accident directly impact fault allocation. Here’s what you should do to protect yourself:
At the scene:
- Take photos of vehicle positions, damage, and road conditions.
- Get contact information from all witnesses.
- Stick to facts when talking to police—don’t speculate or admit fault.
- Seek medical attention even if you feel fine.
After leaving the scene:
- Keep detailed records of all expenses and missed work.
- Follow all medical treatment recommendations.
- Avoid posting about the accident on social media.
- Contact an attorney before giving recorded statements.
Never apologize or say “I’m sorry” after an accident. These statements can be twisted into admissions of fault later. Stick to objective facts about what you observed and experienced.
How Do Insurers Use Comparative Fault And Recorded Statements?
Insurance adjusters are trained to minimize payouts using Texas’s comparative fault rules. They know that pushing your fault above 50% eliminates their liability entirely.
Recorded statements are their primary tool for building fault arguments against you. Adjusters ask seemingly innocent questions designed to get admissions:
- “Were you running late that day?”
- “Had you been looking at your phone?”
- “Could you have stopped sooner if you’d been more careful?”
These questions seem reasonable, but a simple “yes” can become ammunition. The adjuster will argue that being late made you drive aggressively, that phone use distracted you, or that better attention could have prevented the accident.
Since Texas is a comparative negligence state, adjusters also lowball settlement offers by inflating your fault percentage. They might claim you’re 60% at fault to justify offering 40% of your actual damages.
This is why I handle all insurance communications for my clients. Adjusters can’t trick you into damaging admissions if they’re talking to me instead.
Does Modified Comparative Negligence Apply To Wrongful Death And Other Claims?
Yes, Texas’s modified comparative negligence rules apply to nearly all personal injury and wrongful death claims. The 51% bar affects your recovery regardless of how you were injured.
This includes:
- Motor vehicle accidents of all types including motorcycle accidents
- Premises liability cases like slip and falls
- Product liability claims involving defective items
- Medical malpractice cases
- Workplace accidents (except workers’ compensation)
- Oil field and industrial accidents
In wrongful death cases, the deceased person’s fault can reduce the family’s recovery. If your loved one was 30% at fault for a fatal accident, the family’s damages would be reduced by 30%.
Texas rejected the harsh contributory negligence rule that some states still use. Under that system, any fault by the injured person—even 1%—would bar all recovery. Our modified system is much fairer to injury victims.
What Deadlines Apply To Texas Injury Claims?
In Texas, you have two years from the date of your injury to file a lawsuit. This statute of limitations deadline is absolute—miss it and you lose your right to compensation forever.
The two-year clock starts ticking on the day you’re injured, not when you discover the full extent of your damages. Some exceptions exist for cases involving minors or undiscovered injuries, but these are rare.
Building a strong comparative fault defense takes months of investigation and preparation. Waiting until the last minute leaves no time to gather crucial evidence or consult with experts. I recommend contacting an attorney within weeks of your accident, not months.
Don’t let insurance companies run out the clock with delay tactics. They know that approaching deadlines pressure you to accept low settlements rather than risk losing everything.
Injured? Get Legal Help Today
If you’re worried about being blamed for your accident, you’re not alone. Many clients come to me thinking they have no case because they made some mistake or could have done something differently.
Here’s the truth: unless you’re more than 50% at fault, you likely have a valid claim. Even if you contributed to the accident, you deserve compensation for the other party’s negligence.
I have extensive experience handling Texas comparative fault cases, and I prepare every case as if it’s going to trial. Why? Because insurance companies take your claim more seriously when they know you’re ready to fight.
From day one, I focus on gathering the evidence needed to minimize your fault percentage and maximize your recovery, so you can move forward with .
You don’t pay me unless we win your case. That means I only succeed when you succeed. If you’re ready to contact an attorney, let me put my experience to work protecting your rights and securing the compensation you deserve.
Frequently Asked Questions
How Does Settling With One Defendant Affect What I Can Collect From Others?
Settlement amounts are subtracted dollar-for-dollar from any jury verdict. If you settle for $50,000 and win $200,000, you can only collect an additional $150,000.
Can My Failure To Wear A Seatbelt Or Helmet Increase My Fault Percentage?
Yes, Texas juries can consider your failure to use available safety equipment when assigning fault percentages, which reduces your recovery accordingly.
Are Insurance Adjusters Required To Follow Texas Comparative Fault Rules In Settlement Negotiations?
No, adjusters aren’t legally bound by these rules during negotiations, but they often use the 51% threshold to justify lowball offers or claim denials.
What Happens If A Defendant Can’t Pay Their Share Of My Judgment?
You can only collect from defendants who have money or insurance. If one defendant is broke, you might be able to collect their share from other defendants under joint and several liability rules.
Can I Still Recover Damages In A Wrongful Death Case If My Family Member Was Partially At Fault?
Yes, as long as your family member was 50% or less at fault. The recovery will be reduced by their percentage of fault, but you can still collect damages.
