How Does Texas's 51% Comparative Negligence Bar Rule Work?

Overview

Texas follows a modified comparative negligence system, often called the 51% bar rule, found in Chapter 33 of the Texas Civil Practice and Remedies Code. You can still recover compensation if you're found 50% or less at fault for an accident, but your award is reduced by your share of the blame. If you're found 51% or more responsible, Texas law bars you from recovering anything at all.

Frequently Asked Questions

How does Texas's 51% comparative negligence bar rule work?

Under Texas's proportionate responsibility statute, you can recover damages as long as your share of fault is 50% or less, with your compensation reduced by that percentage. But if a jury or insurer determines you were 51% or more at fault, you're barred from recovering any compensation for that accident.

Who decides how much fault I share in an accident?

Fault is typically negotiated with the insurance company based on evidence like the police report, photos, and witness statements, or ultimately decided by a jury if the case goes to trial.

What if the insurance company tries to blame me for most of the accident?

This is one of the most common tactics insurers use in Texas, since pushing your fault percentage above 50% eliminates their obligation to pay anything. Pushing back with solid evidence is often where a personal injury lawyer makes the biggest difference.

Can my compensation still be worthwhile if I was partly at fault?

Yes, as long as you're at 50% fault or below, you can still recover a meaningful amount. The reduction only applies to your percentage of fault, not your entire claim.

Does the 51% rule apply to truck and motorcycle accidents too?

Yes, it applies broadly across nearly all Texas personal injury cases, including car, truck, and motorcycle accidents, as well as slip-and-fall and other injury claims.

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This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.

How Does Texas's 51% Comparative Negligence Bar Rule Work?

Overview

Frequently Asked Questions

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