After an accident, the insurance company may not focus only on what the other person did. It may also look at whether your own actions contributed to the injury. That question can affect whether you recover damages and how much you may receive.
Under Texas’s ‘proportionate responsibility’ rule, often called modified comparative negligence, liability is divided among the parties involved.
The 51% bar rule
Texas Civil Practice and Remedies Code section 33.001 says you cannot recover damages if your percentage of responsibility is greater than 50%. In practical terms, that means a finding of 51% fault can prevent you from collecting damages from another party.
If your share of responsibility is 50% or less, the rule does not automatically prevent recovery. This issue can come up in many personal injury claims, including car crashes, slip-and-fall accidents and other negligence-based cases.
How fault affects compensation
When you can recover damages, the law generally requires the court to reduce your award by your percentage of responsibility. For example, if your damages total $100,000 and you are found 25% responsible, your recovery would typically be reduced by $25,000, leaving $75,000.
Because even small shifts in fault affect your payout, insurance companies and defense counsel may argue for a higher percentage of claimant responsibility during negotiations.
Why evidence matters
The outcome often depends on the details of the incident. In a personal injury claim, those details may include:
- Photos or videos from the scene
- Witness statements
- Police or incident reports
- Property conditions
- Traffic signals or warning signs
- Medical records
- Statements from the people involved
These details can help show how the accident happened and whether another party failed to act safely.
Protecting the facts after an accident
Shared fault can affect your claim even when another person contributed to the accident. Keeping clear records can help preserve what happened before memories fade or evidence is lost. If an insurer disputes your account or suggests you were partially responsible, information gathered early may help clarify what happened and support your position.
If you have questions about how fault may affect your personal injury claim, you may want to speak with a qualified legal professional before accepting a settlement offer.
