Texas modified comparative fault
Texas uses what is often called the 51% bar rule. If you are found 51% or more responsible for a crash, you recover nothing. At 50% or less, you can recover damages, but your award is reduced by your percentage of fault.
An example
If a jury values your damages at $100,000 and finds you 20% at fault, your recovery is $80,000.
How fault gets decided
Insurance adjusters make an initial call, but fault is ultimately a question for a jury. Evidence that matters includes:
- Police crash reports
- Dashcam and traffic camera footage
- Vehicle damage patterns and accident reconstruction
- Witness statements taken early
Deadlines
Most Texas personal injury claims must be filed within two years of the injury. Claims against governmental entities have much shorter notice requirements, sometimes as short as six months.
This article is general legal information, not legal advice.
Sources & further reading
- Texas Civil Practice & Remedies Code Chapter 16 (Limitations) — Texas Legislature
- Texas Civil Practice & Remedies Code Chapter 33 (Proportionate Responsibility) — Texas Legislature
Lawyer Direct provides general legal information for educational purposes. This content is not legal advice and does not create an attorney-client relationship. Laws and individual circumstances vary.