Texas Negligence Laws: How the 51% Comparative Rule Affects Your Claim

When you’re injured in an accident in Texas, understanding the state’s negligence laws can mean the difference between receiving fair compensation and walking away empty-handed. Texas follows a modified comparative negligence system that allows you to recover damages even if you’re partially at fault—but only if you’re less than 51% responsible for the accident.

This guide explains everything you need to know about Texas negligence laws, including how fault is determined, what happens when blame is shared, and how to protect your rights after an accident.

What is Negligence Under Texas Law?

Negligence occurs when someone fails to exercise the level of care that a reasonable person would have used under similar circumstances. This failure to act responsibly results in harm to another person.

Most personal injury cases in Texas are based on negligence, including:

• Car accidents caused by distracted or reckless driving
• Slip and fall incidents due to unsafe property conditions
• Medical malpractice from substandard care
• Product liability cases involving defective items
• Workplace accidents resulting from unsafe conditions

The Four Essential Elements of Negligence in Texas

To win a personal injury case based on negligence, you must prove all four elements by a “preponderance of the evidence” (meaning it’s more likely than not):

1. Duty of Care

The defendant must have owed you a legal duty to act with reasonable care. Examples include:

• Drivers have a duty to follow traffic laws and drive safely
• Property owners have a duty to maintain safe premises for visitors
• Doctors have a duty to provide competent medical care
• Manufacturers have a duty to produce safe products

2. Breach of Duty

The defendant must have failed to meet the required standard of care. This means they acted in a way that a reasonable person wouldn’t have under similar circumstances. Examples include:

• Texting while driving or running red lights
• Failing to clean up spills or fix broken stairs
• Misdiagnosing a patient or prescribing wrong medication
• Manufacturing defective products without proper testing

3. Causation

You must prove the defendant’s breach of duty directly caused your injuries. Texas courts look at two types of causation:

• Cause-in-fact (“but-for” causation): Your injury wouldn’t have occurred but for the defendant’s actions
• Proximate cause: The injury was a foreseeable result of the defendant’s negligent conduct

4. Damages

You must have suffered actual harm, such as:

• Physical injuries requiring medical treatment
• Economic losses like medical bills and lost wages
• Property damage to your vehicle or personal belongings
• Non-economic damages including pain, suffering, and emotional distress

Without all four elements, you cannot win a negligence claim in Texas.

Texas’s Modified Comparative Negligence Rule: The 51% Bar

Texas follows a modified comparative negligence system under Texas Civil Practice & Remedies Code Section 33.001. This law is also known as the “51% bar rule” or “proportionate responsibility.”

How It Works:

• If you’re 50% or less at fault: You can recover damages, but your compensation is reduced by your percentage of fault
• If you’re 51% or more at fault: You cannot recover any damages at all

Real-World Example:

Maria is driving through an intersection when another driver runs a red light and hits her car. However, Maria was speeding at the time of the accident. After investigating, the jury determines:

• Other driver: 70% at fault (ran red light)
• Maria: 30% at fault (speeding)

If Maria’s total damages are $100,000, she would recover $70,000 (100% minus her 30% fault). If Maria had been 51% at fault, she would receive nothing.

How Texas Compares to Other States

Texas (Modified Comparative Negligence): You can recover if you’re 50% or less at fault

Pure Comparative Negligence States (13 states): You can recover even if you’re 99% at fault, though your award is reduced accordingly

Contributory Negligence States (5 states): If you’re even 1% at fault, you recover nothing

Other Modified Comparative States: Some use a 50% threshold instead of 51%

Texas’s approach strikes a balance between fairness and personal responsibility, allowing injured parties to recover compensation while preventing those primarily responsible for accidents from profiting from their own negligence.

What Damages Can You Recover in Texas?

Texas recognizes three types of damages in personal injury cases:

Economic Damages

Concrete, calculable losses including:

• Medical expenses (past and future)
• Lost wages and earning capacity
• Property damage
• Rehabilitation costs
• Home modifications for disabilities

Non-Economic Damages

Subjective losses that are harder to quantify:

• Pain and suffering
• Mental anguish and emotional distress
• Loss of enjoyment of life
• Disfigurement or disability
• Loss of consortium (impact on relationships)

Punitive Damages

Awarded only in cases of gross negligence or intentional misconduct to:

• Punish the defendant for outrageous behavior
• Deter similar conduct by others
• Courts rarely award punitive damages, and they’re capped in most cases

Gross Negligence vs. Ordinary Negligence

Ordinary Negligence: Failure to exercise reasonable care (most common in personal injury cases)

Gross Negligence: Extreme departure from ordinary care, showing conscious indifference to others’ safety. Examples include:

• Drunk driving causing an accident
• Ignoring obvious safety hazards that could kill someone
• Deliberately disregarding known risks

Proving gross negligence allows you to seek punitive damages and may overcome certain legal protections the defendant might otherwise have.

Critical Steps After an Accident in Texas

Immediate Actions:

1. Call 911 to report the accident and get medical attention
2. Document everything with photos, videos, and witness information
3. Seek medical care immediately, even for seemingly minor injuries
4. Avoid admitting fault or making statements about who caused the accident
5. Report to your insurance company but avoid recorded statements

Protecting Your Legal Rights:

1. Preserve evidence before it disappears or gets cleaned up
2. Keep detailed records of all medical treatment and expenses
3. Don’t accept quick settlement offers from insurance companies
4. Consult an experienced attorney before making any major decisions
5. File your claim within the statute of limitations (generally 2 years in Texas)

How Insurance Companies Use Comparative Negligence Against You

Insurance companies know that if they can prove you’re 51% or more at fault, they can deny your claim entirely. Even if they can’t reach that threshold, any percentage of fault they can assign to you reduces what they have to pay.

Common tactics include:

• Blaming victims for not wearing seatbelts or following safety rules
• Arguing you were speeding or distracted, even without proof
• Using your own statements against you from recorded conversations
• Misinterpreting evidence to shift blame in their favor
• Rushing you to settle before you understand the full extent of your injuries

This is why having experienced legal representation is crucial—your attorney can counter these tactics and ensure fault is properly allocated.

Why You Need an Experienced Texas Personal Injury Attorney

Navigating Texas’s modified comparative negligence system requires sophisticated legal knowledge and strategy. At Bryan Fagan’s law firm, we understand how to:

Build Strong Cases:

• Thoroughly investigate your accident to establish clear liability
• Gather compelling evidence including expert testimony and accident reconstruction
• Challenge unfair fault assignments by insurance companies
• Document the full extent of your damages and future needs

Protect Your Rights:

• Handle all communications with insurance companies to prevent damaging statements
• Calculate fair compensation including future medical needs and lost earning capacity
• Negotiate aggressively to maximize your recovery
• Take your case to trial when necessary to get you the compensation you deserve

Navigate Complex Issues:

• Counter seatbelt and other defenses that insurance companies commonly use
• Work with medical experts to establish the link between the accident and your injuries
• Calculate fault percentages accurately to protect your right to compensation
• Ensure compliance with all Texas procedural requirements and deadlines

Frequently Asked Questions

What if I was partially at fault for my accident?

You can still recover compensation as long as you’re 50% or less at fault. Your award will be reduced by your percentage of responsibility, but you won’t lose everything.

How is fault percentage determined?

Fault is typically determined by a jury based on evidence including police reports, witness testimony, expert analysis, and physical evidence from the accident scene.

Can the police report determine fault?

Police reports are important evidence but don’t make final fault determinations. Courts and insurance companies can reach different conclusions based on additional evidence.

What if the other party doesn’t have insurance?

You may be able to recover through your own uninsured/underinsured motorist coverage, or pursue a lawsuit against the individual directly.

How long do I have to file a personal injury claim in Texas?

Generally two years from the date of the accident, but some circumstances can extend or shorten this deadline. It’s crucial to consult an attorney promptly.

Take Action to Protect Your Rights

Understanding Texas negligence laws is just the first step—protecting your rights requires prompt, decisive action. Insurance companies begin building their defense immediately after an accident, looking for ways to minimize or deny your claim.

Don’t face this challenge alone. If you’ve been injured in an accident in Texas, contact Bryan Fagan’s law firm today for a free consultation. We’ll review your case, explain how Texas’s comparative negligence laws apply to your situation, and fight to ensure you receive maximum compensation for your injuries.

We work on a contingency fee basis—you pay no attorney fees unless we win your case. Our experienced team knows how to navigate Texas’s complex negligence laws and will fight to ensure fault is properly allocated and you receive the compensation you deserve.

Time is critical. Evidence disappears, witnesses forget details, and legal deadlines approach quickly. The sooner you get experienced legal representation, the better we can protect your interests and build a strong case.

Call Bryan Fagan’s law firm now. Your financial recovery and future well-being depend on the decisions you make today.