Texas Modified Comparative Negligence
Texas uses a modified comparative negligence rule to decide how accident compensation is awarded. The key rule, sometimes called the “51% bar rule,” is simple: if you’re 50% or less at fault, you can recover damages, but the amount is reduced by your percentage of fault. If you’re 51% or more responsible, you can’t recover anything.
For example, if you’re in a car accident and awarded $100,000 in damages, but you’re found 30% at fault, your compensation would drop by 30% and leave you with $70,000. But if that fault percentage was 51% or more, you’d get nothing.
Modified comparative negligence laws make a big difference in a case, especially when fault is disputed. Even a small increase in assigned fault can mean losing thousands—or losing the right to compensation entirely.
Modified vs Pure Comparative Negligence vs Contributory Negligence
Some states follow a pure comparative negligence system, which allows a person to recover compensation even if they are mostly at fault. In those states, someone found 90% responsible for an accident could still recover 10% of their damages.
The stricter modified comparative negligence or 51% bar rule in Texas makes fault disputes more significant, as even a small shift in assigned responsibility can determine whether someone recovers any compensation at all.
Contributory negligence is a legal doctrine used in some states where even 1% fault can bar recovery.
How Fault Is Determined in Texas Injury Cases
Fault in personal injury cases is assigned based on the available evidence. Police reports, witness statements, video footage, physical evidence, and accident reconstructions all help prove fault and determine who is responsible.
Insurance companies review this evidence when deciding settlement offers, but their conclusions are not always accurate. An experienced personal injury lawyer can challenge unfair fault assignments by gathering additional proof, questioning inconsistencies in reports, and working with experts to present a stronger case. If a case goes to court, a judge or jury determines fault based on the evidence presented. Even a small increase in assigned fault can reduce compensation, so disputing percentages that don’t reflect the facts is necessary.
Situations Where Comparative Negligence May Apply
Comparative negligence, also referred to as comparative fault, comes into play when fault is shared between multiple parties in an accident. Some of the most common scenarios include:
- Car accidents – A driver making a left turn may be at fault for failing to yield, but if the other driver was speeding, responsibility could be shared. Multi-car pileups and rear-end collisions can also involve split liability.
- Slip and fall cases – A business may be responsible for failing to clean up a spill, but if a person was looking at their phone instead of watching where they were going, fault may be divided.
- Pedestrian accidents – A driver who hits someone outside a crosswalk may still be responsible, but if the pedestrian was distracted or crossed suddenly, they could also bear fault.
- Other injury claims – A dog owner may be liable for a bite, but if the injured person provoked the animal, compensation could be reduced. In workplace accidents, an employer may be responsible for unsafe conditions, but they may argue that the employee’s actions contributed to the injury.
Challenging an Unfair Fault Assessment
Insurance companies may assign a higher fault percentage than the facts support, try to reduce or eliminate payout. Disputing an unfair assessment can make a significant difference in compensation.
How Fault Percentage Can Be Contested
- Review the police report for errors or missing details that could affect liability.
- Gather additional evidence such as surveillance footage, dashcam recordings, or new witness statements.
- Work with experts like accident reconstruction specialists who can provide professional analysis to support the personal injury claim.
A lower fault percentage means a higher settlement. Even a small adjustment can recover thousands in compensation that would otherwise be lost.
Frequently Asked Questions
Can an insurance company change my fault percentage later?
Yes. Insurance companies may adjust fault percentages if new evidence emerges or if they reassess liability during settlement negotiations. If an insurer increases your assigned fault without justification, additional evidence or a formal challenge may be necessary to dispute it.
How do insurance companies decide fault when both drivers have different policies?
Each insurance company conducts its own investigation and may assign different fault percentages. If the two insurers don’t agree, disputes can drag on, requiring further evidence or a formal challenge to resolve the difference.
What if a police report is incorrect—can it be challenged?
Yes. Police reports are important, but they are not the final word on fault. If a report contains errors, missing details, or misinterpretations, it can be corrected by providing additional evidence, filing a formal dispute, or requesting an amendment through the responding law enforcement agency.
Does comparative negligence apply to all personal injury claims in Texas?
Most personal injury claims, including car accidents, slip and falls, and workplace injuries, are subject to comparative negligence rules. However, certain cases—such as medical malpractice and claims against government entities—have additional rules that may limit compensation.
How do Texas negligence laws affect out-of-state drivers involved in accidents?
Texas’ negligence laws apply to accidents that happen in the state, even if the drivers involved are from elsewhere. An out-of-state driver accustomed to pure comparative negligence (like in California) may expect to recover damages even if they are mostly at fault, but Texas law could prevent them from receiving compensation.
Can partial fault affect punitive damages?
Yes. Texas law limits punitive damages, and if a person is found partially at fault, it can reduce or eliminate their ability to recover them. Since punitive damages are meant to punish reckless behavior rather than compensate for losses, they are only awarded in specific cases involving extreme negligence or intentional harm.
Protect Your Right to Full Compensation
Texas’ comparative negligence laws give insurers an opportunity to shift blame and reduce payouts, but a disputed fault percentage doesn’t have to go unchallenged. Adjusters may rely on incomplete evidence, misinterpretations, or legal technicalities to justify lower offers, but a well-prepared, personal injury case backed by expert analysis and strong documentation can prevent an unfair reduction in compensation. Loewy Law Firm builds winning cases and advocates for injury victims facing unjust fault assessments—contact our Austin personal injury attorney today at (512) 280-0800 for a free consultation and a case review.