Can I Still Sue if I Was Partly at Fault? Understanding Texas’s Comparative Negligence Law
If you’ve been injured in a Texas car wreck, slip-and-fall, or workplace accident—and you think you were partly at fault—you might be wondering: Can I still recover compensation? The answer lies in something called comparative negligence, and understanding how it works in Texas is key to protecting your rights.
What Is Comparative Negligence in Texas?
Texas follows a system called modified comparative negligence, also known as proportionate responsibility. Under Texas Civil Practice & Remedies Code §33.001, an injured person can recover damages as long as they were not more than 50% at fault for the accident. However, their compensation is reduced by their percentage of fault.
Example Scenario
- You’re rear-ended at a red light, but one of your brake lights was out.
- The court finds you 20% responsible for the accident, and the other driver 80%.
- Your total damages are $100,000. Because you were 20% at fault, you’d recover $80,000.
If you are found 51% or more at fault, you cannot recover any damages under Texas law.
How Fault Is Determined
Fault is usually decided through evidence such as police reports, witness statements, photos, and expert testimony. In trial, a jury can assign each party a percentage of responsibility based on this evidence. In settlements, insurers use similar logic to estimate what a court might decide.
Comparative Negligence Applies to Many Injury Cases
Proportionate responsibility isn’t just for car accidents. It applies broadly to personal injury cases, including:
- Slip and fall injuries (e.g., wet floors with no warning sign)
- Workplace accidents (especially involving non-subscriber employers)
- Dog bites where the victim might have provoked the animal
- Construction accidents with shared responsibility among subcontractors
Why This Matters for Your Injury Claim
Insurance companies may try to assign you more than 50% fault to avoid paying your claim. Understanding the comparative negligence rules allows you to push back and ensure your share of responsibility is fairly assessed.
Additionally, Chapter 33 of the Civil Practice and Remedies Code requires that courts reduce your award by your share of fault. That means strong documentation, legal strategy, and accurate evidence are essential to maximizing your recovery.
FAQs About Comparative Fault in Texas
Can I sue if I’m 30% at fault for my injury?
Yes. As long as you are 50% or less at fault, you can sue for damages. Your compensation will be reduced by your percentage of fault.
What happens if I’m 51% at fault in Texas?
If you are found to be more than 50% responsible, you are barred from recovering any damages under Texas’s modified comparative fault rule.
Does comparative negligence apply in wrongful death cases?
Yes. If the deceased is found partially at fault, their family’s recovery will be reduced in the same way it would be in a personal injury case.
Conclusion
Being partly at fault doesn’t always mean you’re out of luck. Under Texas’s comparative negligence system, you can still seek compensation—just be aware that your share of fault matters. Knowing your rights can make all the difference in the outcome of your case.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.
