andrei | November 15, 2025 | Personal Injury
Understanding Comparative Negligence in Texas: What It Means for Your Compensation
After a serious crash or injury, one of the first questions people ask is, “Can I still recover if they say the accident was partly my fault?” In Texas, the answer depends on the state’s comparative negligence law and the 51% rule. This system can dramatically change how much money you receive, or whether you recover anything at all. Here’s how it works, and how The Crash Team helps protect your rights.
How Comparative Negligence Works Under Texas Law
Comparative negligence is the legal rule Texas uses when more than one person shares blame for an accident. Instead of asking who was 100 percent at fault, the court or insurance company looks at everyone involved and assigns a percentage of responsibility that must add up to 100. Your compensation is then reduced by your own percentage of fault.
Texas uses a modified system often called Texas’s Comparative Fault Law or proportionate responsibility. In practical terms, that means:
- You can recover money as long as you are 50 percent or less at fault.
- Your award is reduced by your percentage of fault.
- If you are 51 percent or more responsible, you recover nothing under the 51% rule.
This is not an abstract academic rule of civil law. It decides whether an injured person can keep their household afloat after a crash or walk away with nothing. Insurance companies know how powerful this rule is, which is why they move quickly to push more blame onto you. Having an experienced trial team like The Crash Team is often the difference between a fair allocation of comparative fault and an unfair result that shifts responsibility away from the wrongdoer.
Proving Negligence and How Fault Gets Assigned
Behind every percentage of fault is a story built from facts, documents, and credible testimony. Proving negligence in a Texas personal injury case is not just about saying the other driver or property owner was careless. Your legal team must show what the at-fault party did, how it violated a safety rule, and how that conduct caused your injuries.
Clients often ask a version of the same question: “Who can fault be proven against in my case, and how will a jury look at me?” The answer depends on the quality of the investigation. Evidence that shapes fault can include:
- Police or incident reports and any citations issued
- Photos, videos, vehicle data, or surveillance footage
- Eyewitness statements taken promptly and carefully
- Expert analysis, such as accident reconstruction or medical opinions
Over time, skid marks fade, camera footage is overwritten, and witnesses forget details. That is one reason the statute of limitations and early legal action are so important. When you work with The Crash Team, our lawyers and investigators move quickly to preserve crucial proof so comparative fault is based on real evidence, not on speculation or the story an adjuster prefers.
A Comparative Fault Example Using the 51% Rule
It is often easier to understand these rules with a simple comparative fault example. Imagine you are driving through Sugar Land when another driver runs a red light and hits your car. At first glance, it looks clear-cut. Later, the insurance company points out that you were going slightly over the speed limit. They argue that your speed contributed to the severity of the collision.
Here is how that might play out in a motor vehicle accident under Texas law:
- Your total damages, including medical bills and lost wages, equal 200,000 dollars.
- A jury decides the other driver is 70 percent at fault for running the red light.
- You are found 30 percent at fault for speeding.
Under Texas’s Comparative Fault Law, your recovery would be reduced by 30 percent, so you could receive 140,000 dollars. The other driver pays their share of the harm they caused, and you are held responsible for your part.
Change one detail and the outcome changes completely. If that same jury decided you were 51 percent at fault rather than 30 percent, you would receive zero. That is the harsh reality of the 51% rule, and it is why The Crash Team focuses so heavily on telling your story clearly and pushing back when insurers try to inflate your percentage of responsibility.
How Comparative Negligence Impacts Different Types of Injury Claims
Comparative negligence is not limited to car crashes. It quietly shapes many kinds of injury claims in Texas, sometimes in ways that surprise people. You might see it in:
- A slip and fall where the store says you were distracted by your phone
- A workplace incident involving multiple contractors pointing fingers at each other
- A dog bite case where the owner claims you ignored warning signs
- A pool or premises liability incident involving questions about supervision or posted rules
In each situation, the defense usually looks for any behavior they can label as careless, then uses that to argue for a higher percentage of fault on you. That directly affects your personal injury compensation, since every additional percentage point assigned to you reduces your recovery.
The law is supposed to promote fairness, not give corporations and insurers a shortcut around responsibility. Experienced trial lawyers know how to reframe the narrative, highlight the main wrongdoer’s conduct, and explain to a jury what a reasonable person would truly have done in the same situation. The Crash Team brings that mindset to every personal injury claim we handle, whether it arises from a local crash in Fort Bend County or a catastrophic accident elsewhere in Texas.
What To Do After an Accident to Protect Your Rights
What you do in the hours and days after an accident can make a real difference in how fault is assigned later. People often underestimate how quickly an innocent remark or a social media post can be twisted into “evidence” that they were mostly to blame for their own injuries.
To protect yourself and your personal injury case, consider a few practical steps:
- Get medical care promptly and follow your treatment plan. Gaps in care invite arguments that you were not really hurt.
- Avoid giving recorded statements to an insurance company before you speak with a lawyer. Adjusters are trained to ask questions that shift blame.
- Save photos, contact information for witnesses, and any documents related to the accident or your injuries.
One quiet advantage of having a personal injury attorney involved early is that you no longer have to guess what to say or what to sign. The Crash Team can step between you and the insurer, filter requests, and help you avoid the kind of mistakes that later get used to push your alleged percentage of fault just over the 50 percent line.
How The Crash Team Levels the Playing Field
Comparative negligence rules give insurance companies a powerful tool, but they also give skilled trial lawyers a framework to argue for fairness. At The Crash Team, led by attorneys Aaron and Breanne Galvan, we prepare every case with the expectation that we may need to explain fault, causation, and damages to a jury. That preparation often leads to stronger settlement offers long before trial.
Our firm focuses exclusively on injury work, from complex truck crashes and company vehicle wrecks to wrongful death and catastrophic injury claims. We know how adjusters think, and we know the local courts. Our team is bilingual in English and Spanish, which means we can hear the full story from you and your family in the language you are most comfortable using. That human connection matters when we are building the narrative that supports your share of responsibility and your right to be fully compensated under Texas law.
Talk to a Personal Injury Attorney at The Crash Team Today
If you are reading this after a recent accident, you may already be hearing about fault percentages, recorded statements, or “shared responsibility.” It can feel overwhelming to sort out medical bills, missed income, and calls from adjusters while you are still in pain. You do not have to carry that alone. Speaking with a personal injury attorney at The Crash Team can help you understand how comparative negligence might apply in your situation and what steps to take next.
Our lawyers offer free, no-obligation consultations for injured people and their families. We can review the facts, discuss how the 51% rule might impact your injury claim, and explain how we handle cases on a contingency fee, so you do not pay attorney’s fees unless we recover for you. If someone else’s carelessness changed your life, you deserve a legal team that knows the law, understands comparative fault, and is ready to fight for every dollar you are entitled to. Reach out to The Crash Team today and let us start protecting your rights.