What Is Comparative Negligence in Texas? The 51 Percent Rule

Understanding how Texas-modified comparative negligence works is vital for anyone injured in an accident. This legal principle determines how fault is allocated, which can directly influence the compensation you may receive. In Texas, the modified comparative negligence rule stipulates that if you are found to be less than 51% at fault for the incident, you can still seek damages. However, if your degree of fault is 51% or more, you cannot recover any compensation. At Monsour Law Firm, we are committed to demystifying this complex area of law, ensuring you know how the 51 percent rule could affect your potential recovery in personal damage cases.

What Is Comparative Negligence in Texas?

In Texas, comparative negligence means that each party involved in an accident can share responsibility for the incident. You may receive compensation based on the percentage of fault assigned to you. Despite this, Texas follows a modified comparative negligence system, which limits your ability to recover damages. This is known as the 51 percent rule. Therefore, you can only recover compensation if your fault is 50 percent or less.

If you’re partially responsible for the accident, you can still recover damages, but your compensation will be reduced by your degree of fault. On the other hand, if you’re found to be more than 50 percent at fault, you won’t be able to recover anything.

How Do Texas’ Modified Comparative Negligence Laws Work? The 51 Percent Rule

Texas’ modified comparative negligence laws allow you to recover compensation only if you are found to be 50 percent or less at fault for the accident. This principle is known as the 51 percent rule. If a jury determines you are 51 percent or more responsible, you will be barred from recovering any damages. On the other hand, if your fault is 50 percent or less, you can still pursue compensation, but your percentage of fault will reduce the amount awarded. Texas law states, “A claimant may not recover damages if their percentage of fault is greater than 50%” (Texas Civil Practice & Remedies Code § 33.001, 1995, 74th Legislature). This statute underscores the importance of determining proportionate responsibility in personal injury cases, as it directly impacts the potential compensation based on the degree of fault assigned to each party.

For example, if your damages total $100,000 and you’re 30 percent at fault, you can only recover $70,000. But if you’re 51 percent at fault, you won’t recover anything, making it crucial to minimize your assigned fault.

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Proving Negligence in Your Personal Injury Case

In a personal injury case, it’s fundamental to prove that the other party was negligent, meaning they failed to act reasonably, and that this negligence directly caused your lesions. Demonstrating negligence requires gathering evidence such as police reports, witness statements, and expert testimony.

Texas follows a modified comparative negligence system, as do many other states. This system can differ slightly depending on where you are, but it generally allows injured parties to recover damages even if they are partially at fault.

Factors in Determining Fault

Several elements come into play when assigning fault in a personal injury case:

• Eyewitness Testimonies: Statements from people who witnessed the collision firsthand can be fundamental in determining fault. Their perspectives often provide a clear, unbiased account of how the event happened.
• Police Reports: Official reports from law enforcement offer a neutral, fact-based view of the incident. These documents typically include details such as citations, the officer’s assessment, and other observations that can help establish liability.
• Expert Analysis: In more intricate cases, accident reconstruction experts may be called to analyze the scene. They use scientific methods to recreate the events leading up to the incident, which can clarify which party was at fault.
• Video Evidence: If available, video footage—from traffic cameras or security systems—can provide a visual record of the situation. This evidence can corroborate witness testimonies or reveal critical details missed during the initial investigation.

Each factor can impact how much fault is assigned to each party, directly affecting your potential recovery. The more fault assigned to the other party, the more compensation you may receive for your injuries.

Contact a Texas Personal Injury Lawyer

Injured in Texas? Don’t let negligence stand in the way of the compensation you deserve. At Monsour Law Firm, we aggressively seek maximum compensation for our clients, even in complicated liability issues. We deeply understand Texas’ modified comparative negligence laws, including the 51 percent rule, and how they can impact your ability to recover damages. Our experienced team is dedicated to fighting for your rights and ensuring you get the best possible outcome. Call us today for a free consultation and to discuss your case in detail. We’re here to help you navigate the legal process and secure the compensation you’re entitled to.