How Does Comparative Negligence in Texas Affect Personal Injury Claims
If you’ve been injured in an accident in Texas, you’re likely dealing with medical bills, lost wages, and the challenge of physical recovery. Although your accident might be impacted by the comparative negligence laws, trying to fully understand the laws for comparative negligence in Texas might add to the stress of your accident when you need to be focussing on your recovery.
The simple version is this: Texas follows a “modified comparative negligence” rule, also known as the “51% bar” rule. This means you can still recover damages even if you were partially at fault for your injury — as long as you weren’t more than 50% responsible. However, your compensation will be reduced by your percentage of fault. For example, if you’re found to be 30% at fault in a $100,000 claim, you would be eligible to receive $70,000 in compensation.
Given the complexities of comparative fault in Texas and its significant impact on your potential compensation, you need to have experienced legal representation on your side. The attorneys at Grimes & Fertitta understand the nuances of Texas negligence laws, can help protect your rights, and enable you to focus on your recovery during this difficult time.
Don’t let uncertainty about your degree of fault prevent you from seeking the compensation you deserve — call Grimes & Fertitta at 713-224-7644 or contact us online today for a thorough evaluation of your case.
Does Texas recognize comparative negligence?
Under Texas Civil Practice and Remedies Code § 33.001, Texas follows a “modified comparative negligence” system, sometimes called the “proportionate responsibility” rule, recognizing that accidents aren’t always one person’s fault.
When multiple parties share responsibility for an accident, each party’s fault must be calculated as a percentage of the total. A jury or judge will evaluate all evidence to determine these percentages based on each party’s actions or negligence that contributed to the incident.
51% bar rule
Here’s the critical part that makes Texas law unique: while you can recover damages if you share fault for your accident, your right to compensation ends if you’re found to be more than 50% responsible. This is known as the “51% bar rule.”
Additionally, any damages you’re awarded will be reduced in proportion to your percentage of responsibility. For instance, in a case involving $200,000 in damages where you’re found 40% at fault, your maximum recovery would be $120,000 — reflecting a reduction of the $80,000 that corresponds to your degree of fault.
How does comparative negligence impact a personal injury case?
In Texas, modified comparative negligence affects personal injury cases in several ways.
1. You maintain your right to compensation.
You can maintain your right to compensation even if you’re partially at fault in an accident, as long as your share of responsibility doesn’t exceed 50%. This principle recognizes the complex nature of most accidents, where multiple factors often contribute to the incident.
2. Your compensation amount directly reflects your level of fault.
Under Texas law, the compensation you receive is directly reduced by your percentage of fault in the accident. For example, if you’re found 20% responsible for an accident with total damages of $50,000, your maximum recovery would be $40,000, as your award is reduced by your share of the fault.
3. Insurance adjusters use comparative negligence during settlement negotiations.
Insurance adjusters strategically use comparative negligence during settlement negotiations to minimize their company’s financial liability. They frequently attempt to increase your percentage of fault by scrutinizing your actions. For instance, in a slip-and-fall case, they might argue you were distracted by your phone or wearing inappropriate footwear, all in an effort to reduce their payout obligations.
Continue reading: Can you sue an insurance company?
4. The 50% threshold creates a critical tipping point in your case.
In Texas personal injury cases, the 50% threshold serves as a crucial cutoff point that can make or break your claim for compensation. Once your percentage of fault crosses the 51% mark, you lose all rights to recover damages from the other party, which is why it’s vital to build a compelling case that clearly demonstrates the other party’s primary responsibility for the accident.
5. Evidence becomes particularly crucial under this system.
The strength of your evidence plays a decisive role in determining fault percentages under Texas’s comparative negligence system, with items like photos, witness statements, surveillance footage, and expert testimony serving as critical tools in establishing liability.
The complex nature of proving fault percentages means that thorough documentation and skilled legal representation often make the difference between a successful claim and a denied one, as every piece of evidence can help demonstrate the other party’s greater share of responsibility.
How to protect your rights under comparative negligence
Understanding modified comparative negligence Texas laws is helpful when protecting your rights after an accident. What you do — and don’t do — in the immediate aftermath can significantly impact your percentage of fault and the types of damages you may receive.
- Document everything immediately. After any accident, start gathering evidence to make sure you can prove the elements of a negligence claim in Texas. Take photos of the accident scene, your injuries, and any property damage. Get the names and contact information of witnesses, and write down your own detailed account of what happened while it’s fresh in your memory. This documentation can help counter any attempts to assign you a higher percentage of fault later.
- Be careful what you say. Avoid making statements like “I’m sorry” or “I should have been more careful” after an accident. These statements could be used to increase your percentage of fault, even if you were just being polite. Direct all questions from insurance adjusters or the other party’s representatives to your negligence attorney in Houston.
- Seek medical care promptly. Getting immediate medical attention serves two purposes: it prioritizes your health and creates official documentation of your injuries. Waiting to see a doctor might be used against you, with insurance companies arguing that your delay made your injuries worse, thereby increasing your percentage of fault.
- Keep detailed records. Maintain a comprehensive file of all accident-related documents, including:
- Medical bills and records
- Lost wage documentation
- Correspondence with insurance companies
- Photos and videos
- Witness statements
- Repair estimates or bills
- A daily journal documenting your pain and recovery
- Don’t hastily accept settlement offers. Be aware of the Texas statute of limitations for personal injury, and discuss with your attorney before accepting any offers. Insurance companies often make quick settlement offers before you fully understand the extent of your injuries. These early offers typically don’t account for long-term medical needs or other future expenses, and accepting lowball offers could leave you responsible for significant costs later.
By following these steps and working with experienced legal representation, you can better protect your rights under Texas’s comparative negligence laws and maximize your chances of receiving fair compensation for your injuries.
Negligence shouldn’t be the end of the story. Get help with Grimes & Fertitta.
Trying to wrap your head around how comparative negligence in Texas affects your case can be impossible when you’re dealing with the aftermath of an accident, but it doesn’t have to prevent you from seeking the compensation you deserve.
At Grimes & Fertitta, we’ve helped countless clients obtain fair compensation even when they were partially at fault for their accidents. Our experienced attorneys understand how to effectively counter insurance companies’ attempts to increase your percentage of fault, and know how to gather compelling evidence to support your claim under Texas’s 51% bar rule. Every percentage point matters in these cases, and we fight tirelessly to protect your right to compensation.
Don’t let concerns about shared responsibility keep you from pursuing your rights. Call our team today at 713-224-7644 or contact us online for a comprehensive evaluation of your case.
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