How Texas Comparative Fault Works

Texas follows a modified comparative-fault rule: you can recover compensation as long as you are found 50% or less at fault, with your compensation reduced by your percentage of fault.

The 51% Bar Rule

If you are found more than 50% responsible for a crash, Texas law generally bars you from recovering compensation from the other party.

How Fault Percentages Are Assigned

Insurance adjusters, and ultimately a jury if the case goes to trial, weigh evidence like police reports and witness statements to assign fault percentages.

Why This Matters for Your Claim

Even if you share some fault, you may still be entitled to a reduced but meaningful recovery — don't assume partial fault means no claim.

Frequently Asked Questions

Can I still recover if I was partly at fault for the accident?

Yes, as long as you are found 50% or less at fault, though your compensation will be reduced by your percentage of fault.

Who decides my percentage of fault?

Insurance companies make an initial determination, but if a case goes to trial, a jury ultimately decides fault percentages.

Have a Case-Specific Question?

This page is general information, not individualized legal advice. Start a free case review to discuss your specific situation.

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Last reviewed: August 26, 2026. Sources: Texas Department of Transportation (Crash Data) · Texas Courts