The Short Answer…
Texas is a comparative negligence state that follows the 51% rule. This means if you’re injured in an accident and found 50% or less at fault, you can still recover damages—though your compensation will be reduced by your percentage of fault. However, if you’re found 51% or more at fault, you can’t recover anything. This system is known as modified comparative negligence and is a key part of Texas negligence laws for personal injury cases.
In this article, we’ll break down how fault is determined, how compensation is affected by fault, and why having the right legal team can make all the difference in protecting your rights and maximizing your recovery.
Key Takeaways
- Texas uses a modified comparative negligence system, meaning more than one party can share fault in an accident—even the injured person.
- You can still recover compensation if you are 50% or less at fault, but your settlement will be reduced by your percentage of fault.
- If you’re found 51% or more at fault, you cannot recover any damages—this is known as the 51% rule.
- Negligence in Texas requires proof of 4 elements: duty of care, breach of duty, causation, and damages.
- Fault is determined based on evidence, such as photos, witness statements, police reports, medical records, and expert testimony.
- Insurance companies may try to shift blame to reduce or deny your payout, making it crucial to have legal representation.
- An experienced personal injury lawyer can help reduce your assigned fault and improve your chances of recovering fair compensation.
Table of Contents
What Is Negligence in Texas Personal Injury Law?
In simple terms, negligence happens when someone doesn’t act as carefully as a reasonable person would, and that careless behavior causes someone else to get hurt. In personal injury cases, this is the basis for holding someone legally responsible for your injuries.
To prove negligence under Texas law, 4 key elements must be shown:
- Duty of care: The other person had a legal responsibility to act in a safe and reasonable way. For example, drivers have a duty to follow traffic laws and pay attention to the road.
- Breach of duty: The person failed to meet that responsibility. Maybe they ran a red light, left a spill on the floor without warning, or ignored safety rules on the job.
- Causation: Their actions (or lack of action) directly caused your injury. There has to be a clear link between what they did wrong and how you got hurt.
- Damages: You must have suffered real harm—like physical injuries, medical bills, lost wages, or pain and suffering.
If all of these elements are present, you may be entitled to compensation. But if the other side argues that you were also partly at fault, then Texas comparative negligence laws will come into play. That’s when your ability to recover money and how much you can recover will depend on your share of the blame.
What Is Modified Comparative Negligence in Texas?
Comparative negligence means that when an accident happens, more than one person can share the blame, including the person who was injured.
Under Texas law, if you’re injured but also partially responsible for what happened, the amount of money you can recover will depend on how much of the accident was your fault. A percentage of fault is assigned to each party by the insurance company, a judge, or a jury, depending on how the case is handled.
Let’s break it down with an example:
You’re walking across the street and a car hits you. The driver ran a red light, but you were also looking at your phone and not paying attention.
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You’re found to be 30% at fault, and the driver is 70% at fault.
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Your total damages (medical bills, lost wages, pain and suffering, etc.) add up to $100,000.
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Because you were 30% responsible, your payout is reduced by 30%, so you’d recover $70,000.
The 51 Percent Rule in Texas
Here’s the most important part: if you’re found 51% or more at fault, you cannot recover any compensation at all. That’s what’s known as the 51% rule in Texas. It’s a strict cutoff that can make or break your case.
This system is called modified comparative negligence, and it’s designed to make sure people only recover damages when they’re not mostly to blame. But it also opens the door for insurance companies to try and shift more of the blame onto you just so they can pay you less or nothing at all.
That’s why having an experienced personal injury lawyer on your side is so important. At Braker White, our attorneys work to lower your assigned fault percentage and protect your right to fair compensation.
Proving Fault Under Texas Negligence Laws
In a personal injury case, proving who was at fault is one of the most important parts of getting the compensation you may be entitled to. Because of Texas’ modified comparative negligence law, even a small shift in blame can make a big difference in your final settlement—or whether you get anything at all. That’s why it’s critical to build a strong case from the very beginning.
To show that someone else’s actions caused your injuries, you need clear and convincing evidence. This may include:
- Photos or videos from the accident scene: These can capture details and provide visual proof to help tell the story of what really happened.
- Eyewitness statements: People who saw the accident unfold can confirm important details and support your version of events.
- Police or incident reports: Officers often document how the crash or incident happened and may note any traffic violations or signs of negligence.
- Medical records: These help prove the extent of your injuries, when they occurred, and how they connect to the accident.
- Expert testimony: Specialists like accident reconstructionists or medical professionals can explain how the accident occurred and how it led to your injuries.
But gathering this evidence is only part of the process. You also have to defend yourself against attempts by the insurance company to shift the blame. It’s common for adjusters to claim that you were more at fault than you really were—because if they can show you were 51% or more responsible, you lose the right to collect anything.
At Braker White, we know their tactics and how to fight back. Our legal team investigates every detail, interviews witnesses, works with experts, and builds a case that’s designed to minimize your fault percentage and maximize your potential compensation.
How a Personal Injury Lawyer Can Protect Your Rights in Shared Fault Claims
When fault is shared, your case gets more complicated. The insurance company may say you’re more to blame than you really are. Braker White’s personal injury attorneys in Odessa and Midland can:
- Investigate your accident fully.
- Build a strong case to prove fault.
- Fight unfair blame from the other side.
- Push for the maximum compensation you may be entitled to.
You don’t have to figure it all out alone. We’ve helped countless clients across West Texas navigate modified comparative negligence laws and win results. Our firm works on contingency, which means no upfront costs, and you pay nothing unless we win.
Think You’re Partly at Fault? Braker White Can Still Help
Being partially blamed for an accident doesn’t mean you should walk away with nothing. Our experienced legal team challenges unfair fault claims and pushes for the maximum compensation you may be owed under Texas modified comparative negligence rules. Reach out now for your free consultation.
