If you were involved in a Texas car accident and the other driver claims you were partly at fault, you need to understand one of the most important laws governing personal injury cases: modified comparative fault.
What Is Modified Comparative Fault?
Texas follows a modified comparative fault rule under Texas Civil Practice & Remedies Code § 33.001. Even if you were partially responsible for the accident, you may still recover damages — as long as your share of fault does not exceed 50%.
The 51% Rule in Practice
- If you are 0–50% at fault, you can recover damages reduced by your percentage of fault
- If you are 51% or more at fault, you are completely barred from recovery
Example: You were awarded $100,000 in damages, but the jury finds you 30% at fault. You would receive $70,000.
Why This Matters
Insurance adjusters are trained to look for any evidence that you contributed to the accident. Even a finding of 20% fault significantly reduces your recovery. This is why having an attorney investigate independently and counter the insurer’s narrative is so important.
What You Should Do
Never accept a fault determination from an insurance company without an independent review. Fault is negotiable — and experienced attorneys know how to challenge assignments that are unfairly tilted against you.
