Texas Comparative Fault: Can You Still Recover Damages If You Were Partially at Fault?

Accidents are rarely black and white. Often, more than one person contributes to the events that lead to an injury. But what happens if you’re partly at fault for your own injuries? Can you still recover compensation under Texas law?

The answer lies in Texas’s modified comparative fault rule, codified in Texas Civil Practice and Remedies Code § 33.001. This legal doctrine directly impacts how much compensation an injured person can receive — and in some cases, whether they can recover anything at all.

What Is Comparative Fault in Texas?

Comparative fault is a legal doctrine that apportions responsibility for an accident among all involved parties. It acknowledges that more than one person can be at fault, and it reduces or bars recovery based on the injured person’s share of the blame.

Texas follows a modified comparative fault rule, also known as the “51% bar rule.”

Texas Civil Practice and Remedies Code § 33.001

Under Tex. Civ. Prac. & Rem. Code § 33.001:

“A claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”

This means:

• If you are 51% or more at fault, you cannot recover any damages.

• If you are 50% or less at fault, you can recover damages, but they will be reduced by your percentage of fault.

This rule applies to most personal injury cases in Texas, including:

• Car and truck accidents

• Premises liability (slip and fall)

• Workplace injuries

• Product liability claims

How Modified Comparative Negligence Works in Practice

To understand how this rule applies, it’s helpful to look at how fault is determined and damages are calculated.

Step 1: Assigning Fault

During litigation or insurance claims, each party’s share of fault is determined. This can be done by:

• Insurance adjusters in settlement negotiations

• Juries at trial, via specific jury instructions

• Judges, in bench trials or legal rulings

The parties are assigned a percentage of fault that must add up to 100%.

Step 2: Applying the Reduction

If the injured party is 50% or less at fault, their total damage award is reduced by that percentage.

Example 1: You’re 30% at fault

• Total damages: $100,000

• Your fault: 30%

• Your recovery: $70,000

Example 2: You’re 50% at fault

• Total damages: $100,000

• Your fault: 50%

• Your recovery: $50,000

Example 3: You’re 51% at fault

• You recover nothing under § 33.001.

This threshold makes the accurate assessment of fault crucial to your case. Even a 1% difference can mean the difference between full compensation and no compensation at all.

Real-World Scenarios of Comparative Fault in Texas

Car Accident with Shared Fault

Imagine you’re driving slightly over the speed limit when another driver runs a red light and hits you. Both parties share blame: you’re 20% at fault for speeding, while the other driver is 80% at fault for running the red light.

• Your medical bills and losses amount to $200,000

• Since you’re 20% at fault, you can recover 80%: $160,000

Slip and Fall in a Grocery Store

You slip on a wet floor in a store that failed to put up a warning sign. However, you were texting and not watching where you were going. A jury determines you’re 40% at fault and the store is 60% at fault.

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• Total damages: $50,000

• Recovery: 60% of $50,000 = $30,000

But if the jury had found you 55% at fault instead, you would get nothing.

Why Insurance Companies Use Comparative Fault to Their Advantage

Insurance companies often invoke the comparative fault rule to minimize payouts. Adjusters may argue that you bear a larger share of the blame than you actually do — potentially pushing your fault over the critical 51% threshold.

Because of this, it’s vital to work with an experienced personal injury attorney who can:

• Investigate the accident thoroughly

• Challenge inflated fault assessments

• Present persuasive evidence and expert testimony

• Negotiate for a fair settlement or fight for you in court

Joint and Several Liability in Texas

Texas also modifies the doctrine of joint and several liability under Tex. Civ. Prac. & Rem. Code § 33.013. If multiple parties are responsible, their liability for damages depends on their individual fault percentage.

A defendant can be held jointly and severally liable — meaning responsible for all damages — only if they are:

• More than 50% at fault, or

• Acted with specific intent to cause harm

This interplay of liability among multiple defendants further underscores how complex comparative fault cases can become.

How Fault is Proven in Court

To prove or contest fault in a Texas personal injury case, your attorney may rely on:

• Police reports and crash scene reconstructions

• Surveillance footage or dash cam videos

• Eyewitness testimony

• Expert witnesses, including accident reconstructionist and engineers

• Medical records, which show timing and extent of injuries

Your legal team’s ability to present clear and compelling evidence can directly impact how fault is apportioned — and therefore, how much you can recover.

Comparative Fault and Settlements

Most personal injury claims settle before trial. But comparative fault still plays a central role in these negotiations.

For instance:

• An insurance company may offer a lower settlement if it believes you were partially at fault.

• Your attorney can counter with evidence of the other party’s greater fault, arguing for a higher offer.

• In some cases, settlement talks break down because both sides dispute fault percentages.

An experienced trial attorney with negotiation skills is essential to achieving a favorable outcome.

Statute of Limitations Still Applies

Even if fault is unclear or still being investigated, you must file your personal injury lawsuit within two years of the accident, under Tex. Civ. Prac. & Rem. Code § 16.003.

Delaying action could prevent you from recovering any compensation — no matter how fault is ultimately assigned.

Don’t Let Partial Fault Derail Your Case

Texas’s modified comparative fault rule doesn’t automatically disqualify you from recovering damages if you’re partially to blame for your injuries. As long as you are 50% or less at fault, you can still receive compensation — though your recovery will be reduced proportionally.

But remember, insurance companies and defense attorneys will often try to exaggerate your level of fault to deny or reduce your claim. You need a strong legal advocate who understands Texas personal injury law, knows how to evaluate fault accurately, and will fight for your fair share.

Injured in an Accident? Speak to a Texas Personal Injury Lawyer Today

If you’ve been hurt in an accident and are worried about how fault may affect your ability to recover damages, contact Dang Law Group today. Our experienced personal injury attorneys understand Texas comparative fault laws and will work tirelessly to protect your rights and maximize your recovery. Call now for a free consultation and get the legal guidance you deserve.

Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.