If you were injured in an accident in Texas and someone tells you that you cannot recover compensation because you were partly at fault, they may be wrong. Texas law allows injury victims to recover damages even when they share some responsibility for an accident — but the rules are specific, and insurance companies exploit every ambiguity in this law to reduce what they pay you.
What Is Modified Comparative Negligence in Texas?
Texas Civil Practice and Remedies Code Chapter 33 governs how fault is allocated and how damages are calculated in personal injury cases. Under this system — called modified comparative negligence — the jury assigns a percentage of fault to each party involved in an accident. Your financial recovery is then reduced by your percentage of fault.
The critical rule in Texas is the 51% bar: if you are found to be 51% or more responsible for an accident, you recover nothing. If you are 50% or less responsible, you can recover damages proportional to the other party’s fault.
How Chapter 33 Works: A Practical Example
Suppose you are injured in a car accident and your total damages — medical bills, lost wages, pain and suffering — amount to $200,000. The jury determines that the other driver was 80% at fault and you were 20% at fault (perhaps because you were driving slightly over the speed limit).
Under Chapter 33:
- Your total damages: $200,000
- Your percentage of fault: 20%
- Reduction: $200,000 × 20% = $40,000
- Your recovery: $160,000
Had the jury found you 51% or more at fault, you would recover nothing at all.
How Is Fault Percentage Determined?
In a Texas trial, the jury answers special verdict questions allocating fault among all responsible parties. The jury considers the evidence presented by both sides — accident reconstruction, witness testimony, traffic laws violated, physical evidence from the scene, and expert opinions.
In cases that settle before trial, insurance adjusters informally assign fault percentages when calculating settlement offers. This is where the law becomes most dangerous for unrepresented injury victims.
How Insurance Companies Use Chapter 33 Against You
Insurance adjusters are trained to find and emphasize any contributing negligence on your part. Common tactics include:
- Recorded statements: Asking questions designed to get you to admit you could have braked faster, were distracted, or were unfamiliar with the road.
- Speeding allegations: Arguing you were traveling even slightly over the speed limit, contributing to the severity of the collision.
- Failure to avoid: Claiming you had time to avoid the accident but failed to react appropriately.
- Pre-existing conditions: Arguing your prior injuries make you more susceptible to the current injury, reducing the at-fault party’s responsibility.
- Inflating your percentage: Assigning you 30%, 40%, or even 50% fault to dramatically reduce the settlement offer.
Every percentage point of fault assigned to you costs you money. An attorney who understands Chapter 33 can challenge inflated fault assignments and present evidence that minimizes your comparative fault.
What About Multiple Defendants?
Chapter 33 also governs cases with multiple defendants. Each defendant is generally only responsible for their proportionate share of the damages, with limited exceptions for defendants who are more than 50% responsible or who acted with intent.
In 18-wheeler accident cases, for example, fault might be allocated among the truck driver (60%), the trucking company (30%), and a cargo loader (10%). Understanding how to pursue each defendant for their share — and how to structure the case to maximize your total recovery — requires an attorney experienced in Texas multi-party litigation.
Chapter 33 and Wrongful Death Cases
Modified comparative negligence applies to wrongful death cases as well. If the deceased was partly at fault for the accident that caused their death, the family’s recovery is reduced by that percentage. Importantly, the deceased’s fault does not automatically bar recovery — only fault over 50% would eliminate the claim.
The Statute of Limitations Under Chapter 16
Any personal injury or wrongful death claim in Texas must be filed within two years of the injury or death under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline almost always permanently bars your claim, regardless of how strong your evidence of the other party’s negligence may be.
Frequently Asked Questions About Texas Comparative Negligence
Can I recover damages if I was not wearing a seatbelt in Texas?
Yes, but your recovery may be reduced. The other driver’s attorney or insurance company may argue that your failure to wear a seatbelt contributed to the severity of your injuries. Texas courts have allowed this argument in some circumstances. However, failing to wear a seatbelt does not bar your claim — it may reduce your recovery if the jury finds it contributed to your injuries.
What if the accident happened at work?
Workers’ compensation claims in Texas operate under a separate system that does not use comparative fault. However, if a third party (someone other than your employer) was responsible for your workplace injury, you may have a separate personal injury claim against that third party — and Chapter 33 comparative negligence would apply to that claim.
Does comparative negligence apply to slip and fall cases?
Yes. Property owners frequently argue that the injured person should have seen the hazard and avoided it. The jury will allocate fault between the property owner and the injured person. As long as the injured person is not more than 50% at fault, they can recover — reduced by their percentage of fault.
How does a jury decide fault percentages?
Jurors in Texas personal injury cases answer special verdict questions asking them to assign fault percentages to each party. They consider all evidence presented at trial — accident reconstruction reports, photographs, medical records, eyewitness testimony, and expert opinions. The jury’s percentages are binding on the parties.
If you were injured in an accident and someone is trying to use your partial fault to deny or reduce your claim, contact Chris Sanchez at the Law Office of Chris Sanchez P.C. for a free consultation. He represents injury victims on a contingency fee basis — no fee unless he recovers for you.