Texas Civil Practice and Remedies Code §33.001 sets the rule: in any negligence case, you cannot recover damages if your share of fault is greater than 50%. This is called modified comparative negligence with a 51% bar.
How the math works
Imagine $100,000 in damages. If you're found 20% at fault, you recover $80,000. If you're 40% at fault, $60,000. If you're 51% at fault, you recover nothing.
Who decides your percentage
In most cases, the insurance adjusters negotiate it during claim handling. If the claim goes to court, the jury decides.
Common ways fault gets split
- Left-turner partially distracted but oncoming driver was speeding
- Rear-end crash where the lead vehicle had a broken brake light
- Intersection collision where both drivers had stale yellow lights
- Pedestrian struck outside of a crosswalk at dusk
Evidence that moves your percentage down
- Police report citing the other driver
- Dashcam or surveillance footage
- Independent witness statements
- Cell-phone records showing the other driver was texting
- Accident reconstruction report
Why this matters for coverage choices
In any borderline-fault crash, you may end up needing your own collision coverage to handle the gap — your collision pays first, then your insurer fights for subrogation. Drivers who carry only liability often end up paying out of pocket while fault is being argued.
Frequently asked questions
What is the 51% rule in Texas?
If you're found more than 50% at fault for an accident, you cannot recover any damages from the other party in Texas.
Does comparative negligence apply to property damage too?
Yes. Both bodily injury and property damage claims are reduced by your percentage of fault.
Who decides my fault percentage?
Insurance adjusters during settlement, or a jury if the case goes to trial.
This article is for general information only and is not legal or tax advice. For guidance specific to your situation, talk to a licensed Texas insurance agent. Ready to put it into practice? Get a free quote or request a policy review.