How does Texas’s 51% Comparative Negligence Rule affect my Payout?

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Key Takeaway:

In Texas, you can only recover compensation for a car accident if you are less than 51% at fault—otherwise, you are barred from receiving any damages.

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Not every car accident is cut and dry. While some crashes—like getting rear-ended at a red light—clearly result from one driver’s mistake, most involve shared fault between two or more people.

So what happens if you’re partially to blame for an accident? Can you still recover compensation?

Comparative Negligence Distributes Fault

In Texas, car accident compensation is based on comparative negligence. This means each driver is assigned a percentage of fault, and compensation is reduced accordingly.

For example, if you’re found to be 20% at fault, any damages you’re awarded will be reduced by 20%.

Texas Uses Modified Comparative Fault (The 51% Rule)

Texas follows a version of comparative negligence called modified comparative fault, also known as the 51% Rule.

Under this rule, you can only recover compensation if you’re less than 51% at fault for the crash. If you’re 51% or more to blame, you are barred from recovering any damages—even if the other driver was also partly responsible.

Example:

John and Mary collide at an intersection. A judge finds that:

• John was 75% at fault for texting while driving.

• Mary was 25% at fault for speeding and failing to slow down.

Mary is awarded $100,000 in damages, but because she was 25% at fault, she receives $75,000. John receives nothing because his share of fault exceeds 50%.

Why It Matters for Your Case

Insurance companies often try to shift blame onto injury victims to reduce or deny payouts. Understanding the 51% rule is critical to defending your rights and getting the full compensation you’re legally entitled to.

Were You Injured in a Texas Car Accident? Call Shaw!

If you were hurt in a crash—even one where you were partially at fault—you may still be entitled to compensation for:

• Medical Bills,
• Property Damage,
• Missed Work,
• Pain and Suffering,
• And More.

Let us help you understand your options.

Call Shaw today at 800-862-1260 to schedule your free case evaluation with an experienced Texas car accident lawyer. No fees. No obligations. Just the expert legal advice you need.