In Texas, we use a comparative negligence statute that allows you to still seek compensation as long as you are less than 51% at fault. If you are over 51% to blame, the law bars you from demanding financial relief for your damages.
This works against you if you played a large part in your injury, but it also allows you to hold multiple parties accountable, where applicable. This blog explains Texas comparative negligence and the 51% fault rule.
What Modified Comparative Negligence Means Under Texas Law
Modified comparative negligence lets authorities assign fault to more than one party in a personal injury case. Each party is responsible for their share of the fault. If the plaintiff is partly at fault, Texas Civil Practice & Remedies Code Chapter 33 reduces their settlement by that same amount.
Your lawyer will ask questions to assess who’s at fault during your initial consultation. It’s vital that you’re honest so your attorney can present your case accurately and anticipate any attempts from the other side to minimize what they may owe you.
How the Texas 51% Bar Rule Determines Whether You Can Recover Damages
Many factors influence how fault is assigned after a personal injury, such as whether a police officer issues a citation in a car accident. If both drivers receive tickets, it complicates the question of who is more at fault.
Because in Texas, the maximum level of fault you can carry is 50% and past that level, you can’t seek compensation, insurance adjusters and opposing counsel will try hard to push you over the 51% threshold to avoid paying damages.
If you hold a higher percentage of fault, a jury that may not look favorably on your side of things, negotiation could be your best option. This is why you should speak with a lawyer. You could miss key details that hurt your case. Your lawyer will try to get the most money for you with the least risk, sometimes by negotiating with the other side.
Insurance companies may push blame—legal guidance can keep your recovery safe.
Difference Between Modified Comparative Negligence and Pure Comparative Fault
Texas’s modified comparative fault doctrine limits how much fault you can have before it disallows you to seek compensation. In other states, such as California, plaintiffs can take advantage of a pure comparative fault system. In those instances, you can still file a claim even if you are 99% at fault.
The same rules apply to settlement reduction, so if you are 97% to blame, you can only recover 3% of your damage claim. The cost of a trial usually outweighs any settlement. Modified comparative negligence helps stop unnecessary lawsuits when the plaintiff is mostly to blame, saving courts and defendants’ time.
How Fault Is Calculated in Texas Personal Injury Cases
All personal injury cases depend on showing who is at fault. Different parties decide this depending on the status of your claim. If you are still negotiating with insurance, your lawyer and the insurance adjuster will each try to show their client is less at fault.
If your case goes to trial, who decides fault depends on whether it’s a bench trial or a jury trial. In all cases, fault is based on the evidence and whether joint or several liability applies when multiple parties are involved.
Evidence alone rarely proves fault, and defendants will try to reduce their blame. The more fault assigned to you, the less compensation you can get. An experienced lawyer can present the evidence to help you get the money you need to recover fully.
Evidence That Increases or Reduces Your Percentage of Fault
By showing strong evidence that someone else is responsible, your lawyer can argue negligence and lower your fault. Some common ways they do this include:
- Using trusted evidence: Medical records, treatment plans, police crash reports, witness statements, and expert testimony help make your case stronger.
- Collecting evidence: Your lawyer can use what you collected and get more proof like phone records, videos, and maintenance logs.
- Showing photos and videos: By using pictures, video, and audio that clearly show who is at fault, your lawyer can argue to lower your share of blame.
- Using legal know-how: Your lawyer can stop insurance companies from blaming you too much and lower your fault.
The stronger evidence you provide, the better your chance of showing the other parties are mostly at fault. This maximizes your potential compensation.
How Comparative Negligence Impacts Settlement Value and Insurance Negotiations
Suppose a driver T-bones your vehicle in an intersection while you are turning left. If you were turning against the light or waiting in the other driver’s lane (thereby blocking it), the court may assign partial blame to you. If you are seeking $100,000 in damages but are assigned 40% of the fault, you can only recover $60,000.
The longer it takes to establish fault through negotiation, the greater the chance you’ll end up at trial. While you can demand more compensation, you face the risk of a decision against you. This is especially true if you are near that 51% threshold or you don’t have strong evidence.
The closer you are to the threshold, the more likely insurance adjusters are to attempt to underpay or deny your claim. Filing a lawsuit can make the insurance company offer more money, even if the case never goes to court. You can continue negotiating with the other side for a fair settlement until the case goes to the jury or judge for deliberation.
Comparative Negligence in Accidents Involving Multiple Defendants
Your personal injury lawyer may find other parties who share fault as the case moves forward. This lets you add more defendants under Texas Civil Practice & Remedies Code Chapter 33, which can help reduce your own share of blame under Chapter 33.003. Under Section 33.004, defendants can also name a responsible third party, like their insurance company, to take on some of the fault.
During settlement talks and at trial, your lawyer can argue how fault is shared to maximize your financial recovery. Handling this carefully takes strong negotiation skills. That’s why it’s best to have an experienced attorney on your side to get the best outcome.
When Comparative Negligence Makes Hiring a Texas Personal Injury Lawyer Essential
Comparative negligence law allows many elements to influence whether you carry fault, such as:
- Admitting fault at the scene
- Indications of fraudulent claims
- Delaying medical care
- Posting on social media
- Violating traffic laws
- Making inconsistent statements to the authorities
Hiring a qualified Texas personal injury lawyer can help challenge inflated claims of fault and improve your chances of getting the financial relief you deserve. They can review your injury, honestly assess any role you played, and build the strongest case while estimating your settlement potential.
Getting the settlement or jury award you need after a personal injury takes experience in knowing when to push and when to compromise. Handling the case yourself when you share some blame increases the risk of exceeding the 51% fault limit, which could prevent you from receiving compensation.
Instead of taking chances, contact us at Dax F. Garza, P.C. to arrange a free consultation and get help today.
