If you were injured in an accident in Texas, you may wonder whether you can recover compensation if you were partly responsible for what happened. Texas does not follow a pure comparative negligence system. Instead, Texas uses proportionate responsibility, which determines how each party’s share of responsibility affects a claim.
A claimant who is more than 50% responsible generally cannot recover damages in an action covered by Chapter 33. If the claimant is 50% or less responsible, recovery may still be available, but the damages can be reduced according to the claimant’s percentage of responsibility under § 33.012. This is commonly known as Texas’ 51% rule. If you are searching for a Houston personal injury lawyer near me, our experienced attorney can help evaluate how comparative responsibility may affect your potential recovery.
What Is Comparative Negligence?
Comparative negligence is a legal concept that considers an injured person’s own responsibility when determining whether and how much they may recover. When multiple parties contribute to an accident, their respective percentages of responsibility may affect the amount of damages awarded.
Texas statutes generally use the term proportionate responsibility rather than pure comparative negligence. Under § 33.003, the trier of fact determines the percentage of responsibility attributable to the parties based on the evidence presented in the case.
Does Texas Use Pure Comparative Negligence?
No. Texas does not generally follow pure comparative negligence. Under pure comparative negligence, a person may recover damages even when they are more than 50% responsible, although their recovery is reduced according to their percentage of fault.
Texas follows a different approach. Under § 33.001, a claimant whose responsibility is greater than 50% generally cannot recover damages in an action to which Chapter 33 applies. This makes Texas a modified comparative negligence state, although Texas law refers to the system as proportionate responsibility.
How Does the 51% Rule Work?
Texas’ 51% rule comes directly from Texas Civil Practice and Remedies Code § 33.001. The rule creates a threshold based on the claimant’s percentage of responsibility.
If the claimant is 50% or less responsible, the claimant is not barred from recovery by § 33.001. However, the damages may be reduced based on the claimant’s percentage of responsibility under § 33.012.
If the claimant is more than 50% responsible, the claimant generally cannot recover damages in a claim governed by Chapter 33. The difference between 50% and 51% can therefore be significant.
What If You Are 50% Responsible?
A claimant who is exactly 50% responsible is not barred from recovery by § 33.001 because the statute applies when the claimant’s responsibility is greater than 50%.
For example, if a claimant has $100,000 in damages and is found 50% responsible, the damages would generally be reduced by 50%, leaving $50,000 before other applicable legal considerations.
What If You Are 51% Responsible?
If a claimant is found to be 51% responsible, § 33.001 generally bars recovery in an action covered by Chapter 33.
This is one of the key differences between Texas’ proportionate responsibility system and pure comparative negligence. Under a pure comparative negligence system, being more than 50% responsible would not necessarily prevent recovery.
How Does Fault Affect Damages?
When a claimant is not barred from recovery, § 33.012 generally requires the court to reduce the damages by the claimant’s percentage of responsibility.
For example, if a claimant has $100,000 in damages and is found 20% responsible, the damages would generally be reduced by 20%, resulting in $80,000 before other applicable reductions or legal considerations.
The percentage of responsibility can therefore affect both whether a claimant may recover and, when recovery is permitted, how much the claimant may recover.
Who Determines Responsibility?
Under Texas Civil Practice and Remedies Code § 33.003, the trier of fact determines the percentage of responsibility attributable to the relevant parties.
The determination depends on the evidence presented in the case. Depending on the circumstances, evidence may include accident reports, photographs, video footage, witness statements, medical records, vehicle damage, and other evidence relating to how the accident occurred. If you are unsure how responsibility may be assessed in your case, a personal injury lawyer Houston can review the available evidence and explain the factors that may affect your claim.
Read Related: What Is a Personal Injury Lawsuit in Texas?
Can More Than One Person Be Responsible?
Yes. Texas proportionate responsibility law can apply when multiple people or entities may have contributed to the harm.
Under § 33.003, responsibility may be assigned to parties identified under the statute, which can include the claimant, defendants, settling persons, and certain responsible third parties. Section 33.004 addresses the designation of responsible third parties.
The percentage assigned to each party can affect the claimant’s recovery, making the identification of potentially responsible parties an important part of some personal injury claims.
Can You Recover If You Were Partly at Fault?
Yes. Being partly responsible for an accident does not automatically prevent recovery under Texas law. If your percentage of responsibility is 50% or less, you may generally recover damages in a claim covered by Chapter 33, although your damages can be reduced according to your percentage of responsibility.
For example, if you are found 25% responsible for an accident and have $100,000 in damages, your damages would generally be reduced by 25%, resulting in $75,000 before other applicable legal considerations.
What Is the Difference?
The main difference between pure comparative negligence and Texas’ approach is the effect of being more than 50% responsible.
Under pure comparative negligence, an injured person may generally recover damages even when they are more than 50% responsible, although the recovery is reduced according to their percentage of responsibility.
Texas uses a greater-than-50% threshold under § 33.001. A claimant who is 50% or less responsible may generally recover reduced damages, while a claimant who is more than 50% responsible is generally barred from recovery under the statute.
When Should You Contact a Houston Personal Injury Lawyer?
If you have been injured in an accident and believe another party may be responsible, contacting a Houston personal injury lawyer near me can help you understand your legal options. An attorney may assist you when:
- Fault is disputed: An insurance company or another party claims you contributed to the accident.
- Injuries are serious: You have significant medical expenses, lost income, or ongoing pain.
- Multiple parties are involved: More than one person or entity may share responsibility for your injuries.
- Your claim is denied: An insurance company disputes liability or refuses to offer fair compensation.
- You are unsure of your rights: You need guidance on Texas’ proportionate responsibility rules and how your percentage of fault may affect recovery.
Get Help With Your Texas Injury Claim
Texas does not follow pure comparative negligence. Instead, Texas uses proportionate responsibility under Chapter 33 of the Texas Civil Practice and Remedies Code. Under § 33.001, a claimant who is more than 50% responsible generally cannot recover damages in an action covered by Chapter 33, while § 33.012 generally reduces damages based on the claimant’s percentage of responsibility when the claimant is 50% or less responsible.
If you have been injured in Texas and responsibility is disputed, the percentage of responsibility assigned to you may affect both your eligibility for recovery and the amount of damages you can receive. Understanding these rules can be important when an insurance company or another party claims that you contributed to your injuries. Contact The Law Office of Michael Bates at (832) 346-2311 to discuss your potential personal injury claim.
