Texas does not ask only who caused a crash. It asks how much each person contributed, as a percentage. That percentage decides whether an injured person can recover at all and how much the recovery is reduced. This article from LAWBOSS – Harris, Nelsen & Uvalle, PLLC explains the rule in plain terms.
The rule in the statute
Under Civil Practice and Remedies Code section 33.001, a claimant may not recover damages if the claimant’s percentage of responsibility is greater than 50 percent. Put the other way: you can recover if your share is 50 percent or less. People often call this the 51 percent bar rule, because at 51 percent the claim is barred.
If you can recover, your recovery is reduced by your own percentage (section 33.012). A person found 20 percent responsible has the recovery reduced by 20 percent.
| Your share of responsibility | What happens to the claim |
|---|---|
| 0 percent | No reduction for fault. |
| Up to 50 percent | You can recover, reduced by your share. |
| More than 50 percent | No recovery. |
Who gets a percentage
Responsibility is divided among everyone who contributed: the drivers, sometimes an employer or a vehicle owner, and sometimes a person who is not in the lawsuit at all. A defendant may ask the court to designate a responsible third party, generally at least 60 days before trial (section 33.004), so the jury can assign that person a share. A defendant found more than 50 percent responsible can be held jointly and severally liable (section 33.013).
Why insurers argue about a few points
Because the percentages move money and can end a claim, the fault discussion starts early. An adjuster may ask whether you were speeding, looking at your phone, wearing a seat belt or a helmet, or whether you braked in time. Each answer can become an argument for a higher share for you. That is one reason we advise not to give the other driver’s insurer a recorded statement before talking with a lawyer.
Some facts are not fault at all, even if an insurer suggests they are. A motorcyclist who is at least 21 and has completed an approved safety course or has health insurance covering motorcycle crash injuries may ride without a helmet in Texas (Transportation Code section 661.003). An insurer may still argue about it under the fault rule; it does not by itself bar a claim.
How we build the fault picture
- The crash report and the officer’s notes.
- Photographs of the vehicles, the scene and the road.
- Witnesses, found early.
- Video from cameras nearby, before it is recorded over.
- Vehicle data and, in truck cases, the carrier’s records.
- Phone records, when distraction is in question; Texas makes texting while driving an offense (Transportation Code section 545.4251).
A worked example
Suppose a driver turns left across your lane on Northwest Highway and you hit the turning car. The other driver’s insurer says you were speeding and should carry 40 percent of the blame. If that argument stuck, your recovery would be reduced by 40 percent. If the evidence shows you were driving at the limit and the other driver failed to yield, your share may be far lower, or nothing. The difference comes from evidence: the crash report, the damage to both cars, witnesses and any video.
The same claim could be lost entirely if the insurer convinced a jury your share was above 50 percent. That is why the fault discussion is never a formality, and why we gather the evidence before the insurer has settled on its version of the crash.
Deadlines still apply
Whatever the fault picture, a Texas personal injury lawsuit generally must be filed within two years (section 16.003), and claims against a government unit need written notice generally within six months (section 101.101).
No Fees or Costs Unless We Win: the firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you. Read how adjusters approach fault on our insurance tactics page, or start with our personal injury lawyer in Dallas page.
Questions people ask
Is Texas a pure comparative negligence state?
No. Texas uses modified proportionate responsibility: you can recover only if your share of responsibility is 50 percent or less (Civil Practice and Remedies Code section 33.001).
Who decides the percentages?
In a lawsuit, the jury. Before that, the percentages are argued between the parties and their insurers, based on the evidence.
Can I be blamed if the other driver ran a red light?
An insurer may still argue about your speed or attention. Good evidence of the signal and the timing answers those arguments.
Does the fault rule apply to slip and fall claims too?
Yes. Proportionate responsibility applies across Texas injury claims, including falls on someone else’s property.
What if two drivers caused my crash?
Each can be assigned a share of responsibility. A defendant found more than 50 percent responsible can be held jointly and severally liable (section 33.013).