How Texas Comparative Responsibility Works

What happens if you were partly at fault? Texas uses a modified comparative responsibility rule. Here is how it generally works.

It is common to worry that being partly at fault means you cannot recover anything. In Texas, shared fault is addressed through a rule known as modified comparative responsibility.

The 51 percent bar

Under this rule, you may still recover compensation if you were 50 percent or less responsible for the incident. If you are found to be 51 percent or more at fault, you are generally barred from recovering.

How recovery is reduced

If you share some responsibility, your recovery is typically reduced by your percentage of fault. For example, a recovery could be reduced in proportion to the share of responsibility assigned to you.

Why fault disputes matter

Because the percentage of fault can affect whether and how much you recover, insurers sometimes try to assign more blame to injured people. A careful investigation can help present an accurate picture of what happened.

This article is general information, not legal advice. An attorney can explain how these rules may apply to your specific situation.