Can I Still Get Compensation If I Was Partially at Fault for My Accident?

It is a common scenario on Texas roads. You are in a collision on a busy road like the Grand Parkway or I-10, and you know the other driver was negligent. Maybe they ran a red light or were speeding. But you also know you might have played a small part—perhaps you were changing lanes at the same time or were distracted for a split second. The immediate fear, after checking for injuries, is often financial: “Does this mean I cannot recover anything for my medical bills and wrecked car?” In Texas, the answer is not a simple “yes” or “no.”

What is Texas’s Law on Shared Fault in an Accident?

Yes, in many cases, you can still get compensation if you were partially at fault for your accident in Texas. The state operates under a legal rule called “modified comparative fault.”
This system, also known as “proportionate responsibility,” is the legal framework used to divide fault and assign financial responsibility when multiple parties share blame for an injury.
This rule is laid out in Chapter 33 of the Texas Civil Practice and Remedies Code. This statute provides a specific, mathematical rule that dictates who can and cannot recover damages after an accident. It all comes down to a single, very important number.

What is the “51% Bar Rule” in Texas?

Texas’s modified comparative fault system is often called the “51% Bar Rule.” This is the most important concept to know when
you are partially at fault.

The rule is a strict threshold that determines your right to recover any money. Here is how it breaks down:

If you are 50% or LESS at fault: You can recover compensation for your damages. However, your total compensation award will be reduced by your percentage of fault.
If you are 51% or MORE at fault: You are barred from recovering any compensation at all. Your recovery is $0.

This is not a rule of “pure” comparative fault, which some other states use. In a “pure” state, a person who is 99% at fault could still recover 1% of their damages. Texas law is less forgiving. If you are found to be the party that is mostly responsible (51% or more), you lose the right to file a claim for your own injuries against the other parties.

How Does Proportionate Responsibility Work in Practice in Texas?

Understanding personal injury law in Texas requires a solid grasp of “Proportionate Responsibility.” Texas follows a legal doctrine known as modified comparative negligence. In simple terms, this means that your ability to collect money after an accident depends directly on how much of the accident was your fault.

If you are involved in a car crash, a slip and fall, or any other personal injury incident, a judge or jury will assign a percentage of fault to every party involved. Here is a breakdown of how this law functions in practice and why the “51% Bar Rule” is the most important number in Texas law.

The Core Concept: Sharing the Blame

In many accidents, fault isn’t 100% on one person. Perhaps one driver was speeding, but the other driver was distracted by a phone. Texas law recognizes this complexity. Instead of an “all or nothing” system, the law allows for a shared distribution of responsibility.

When a case goes to trial, the jury is asked to look at the total “pie” of fault (100%) and divide it among the parties. Your final financial recovery is then reduced by your percentage of responsibility. However, there is a catch: if you are more than half at fault, the “pie” disappears entirely.

The 51% Bar Rule: The Most Critical Threshold

Texas Civil Practice and Remedies Code Chapter 33 dictates that a claimant may not recover damages if his or her percentage of responsibility is greater than 50%. This is often called the “51% Bar Rule.”

In practice, this means:

• 0% to 50% At Fault: You can still recover money, though your check will be smaller.
• 51% to 100% At Fault: You receive zero dollars, regardless of how severe your injuries are.

To see this in action, let’s look at three scenarios where a jury has determined that your total damages (medical bills, lost wages, and pain and suffering) equal $100,000.

Scenario 1: You Are 20% At Fault (Partial Recovery)

Imagine you are driving through an intersection. You are traveling about 5 mph over the speed limit. Suddenly, another driver runs a red light and T-bones your vehicle. You have significant injuries, but the defense argues that if you hadn’t been speeding, you might have been able to brake in time to avoid the collision.

• The Verdict: The jury decides the other driver is 80% responsible for running the light, but you are 20% responsible for speeding.
• The Math: $100,000 (Total Damages) minus $20,000 (Your 20% fault).
• The Result: You receive $80,000.

In this scenario, you are still the “winner” of the lawsuit, but your speeding “cost” you $20,000 of your potential settlement.

Scenario 2: You Are 50% At Fault (The “Last Chance” Recovery)

This is the “tipping point” of Texas law. Imagine you are changing lanes on a highway, but forget to use your turn signal. At the exact same moment, another driver who is looking down at their GPS drifts into your lane. You collide side-to-side. Both of you were negligent in different ways.

• The Verdict: The jury determines that both drivers were equally careless. You are assigned exactly 50% of the fault, and the other driver gets 50%.
• The Math: $100,000 (Total Damages) minus $50,000 (Your 50% fault).
• The Result: You receive $50,000.

Under Texas law, you can still recover money if you are exactly 50% at fault. This is the highest level of fault you can have while still taking home a check.

Scenario 3: You Are 51% At Fault (The Bar to Recovery)

This scenario illustrates the harshest side of the law. Imagine you are attempting to make a left turn across a busy street. You misjudge the gap in traffic and turn in front of an oncoming car. That car, however, was traveling 15 mph over the speed limit.

• The Verdict: The jury acknowledges the other driver was speeding, which made the impact worse. However, they decide that your failure to yield the right-of-way was the “primary” cause of the crash. They assign you 51% fault and the other driver 49% fault.
• The Math: Because your fault is “greater than 50%,” the law triggers an automatic bar.
• The Result: You receive $0.

As you can see, a single percentage point is the difference between $50,000 and nothing. This is why insurance companies fight so hard to push your fault percentage just over that 50% line.

Why These Percentages Matter During Negotiations

Most personal injury cases never actually make it to a jury; they are settled with insurance companies. However, insurance adjusters use these “scenarios” to decide how much to offer you.

If an insurance company believes they can prove you were 51% at fault, they may refuse to pay you anything at all. They know that if they go to court, there is a chance you will get zero. A skilled attorney’s job is to gather evidence—such as dashcam footage, witness statements, or black box data—to argue that your responsibility is as low as possible, keeping you well away from that 51% danger zone.

Multiple Parties and Joint Responsibility

In more complex cases involving three or more people, the math remains the same for you. For example, if Driver A is 30% at fault, Driver B is 30% at fault, and you are 40% at fault, you can still recover 60% of your damages ($60,000 out of $100,000). As long as your individual slice of the fault pie does not exceed 50%, the doors to the courthouse remain open to you.

Summary Table: Recovery at a Glance

Your Fault %	Total Damages	Your Deduction	Final Recovery
0%	$100,000	$0	$100,000
10%	$100,000	$10,000	$90,000
25%	$100,000	$25,000	$75,000
50%	$100,000	$50,000	$50,000
51%	$100,000	Total Bar	$0

Final Thoughts

The Texas Proportionate Responsibility system is designed to be fair, but it is also unforgiving. It ensures that people are held accountable for their own mistakes, but it creates a “cliff” at the 51% mark. If you are involved in an accident in Texas, your primary goal is to prove that even if you made a mistake, the other party was more responsible than you were.

Who Decides My Percentage of Fault?

This is the central battle in any shared-fault personal injury case. The percentage of fault is not arbitrary; it is a formal finding. There are two main places this determination is made:

The Insurance Companies: Before a lawsuit is ever filed, the insurance adjusters for all parties will conduct their own investigation. They will review the police report, talk to witnesses, and look at vehicle damage. They will then assign their own percentages of fault. This is a negotiation tactic. The other driver’s insurer will try to assign you as much fault as possible to reduce or deny your claim.

The “Trier of Fact” (Judge or Jury): If your case does not settle and goes to trial in a Texas court (like in Harris County or Fort Bend County), the jury will be responsible for assigning fault. They will be presented with all the evidence and asked to assign a specific percentage, in whole numbers, to every party involved in the accident.

What Evidence is Used to Determine Fault?

Proving that your percentage of fault is low (and the other party’s is high) requires strong, objective evidence. An attorney’s investigation will focus on gathering and preserving items such as:

The Official Police Report: While not always admissible in court, this report is the first piece of evidence an insurer will use. It contains the officer’s initial observations, witness statements, and any citations issued.
Photos and Videos: Pictures of the vehicles, skid marks, road conditions, and the accident scene from multiple angles are very valuable.
Dash-Cam or Surveillance Footage: This is often the most powerful evidence. Many commercial buildings, traffic lights, and even other drivers have cameras that may have captured the incident.
Witness Statements: Independent witnesses who have no stake in the outcome can provide an unbiased account of what happened.
Cell Phone Records: In cases involving distracted driving, phone records can show if a driver was texting or talking at the moment of the crash.
Accident Reconstruction: In complex cases, a qualified personal injury law firm may hire engineers and accident reconstructionists. These professionals can use physics and forensics to recreate the accident and provide a scientific opinion on how it happened and who was at fault.

Why Do Insurance Adjusters Keep Asking About My Actions?

Insurance adjusters are highly trained negotiators. When they call you after an accident, they are not calling to check on your well-being. They are working to protect their company’s finances.
In a proportionate responsibility state like Texas, their primary goal is to find a way to assign you fault. They know that if they can get you to 51%, their company pays nothing.
This is why they will:

Ask for a Recorded Statement: They will try to get you on record, often asking confusing or leading questions. They hope you will say something like, “I did not even see him,” which they can later twist to mean the accident was your fault for not paying attention.
Use Your Words Against You: A simple, polite “I’m so sorry this happened” can be presented as an admission of guilt.
Blame Your Injuries on Other Factors: They may try to get you to admit you were tired, stressed, or looked away for “just a second.”

This is why it is so important to decline to provide a recorded statement and limit your communication with the other party’s insurer until you have spoken with a legal representative.

What Are Common Accidents Where Shared Fault is an Issue?

While any accident can involve shared blame, some types of cases are more prone to proportionate responsibility arguments than others.

Left-Turn Accidents: A driver turning left must yield to oncoming traffic. However, if the oncoming driver was speeding, running a red light, or had no headlights on at night, they may share fault.
Lane-Change Collisions: When two vehicles try to merge into the same lane at the same time, or one car drifts while the other changes lanes improperly, fault is often divided.
Rear-End Accidents: These are usually the fault of the rear driver. But, if the front driver’s brake lights were broken, or if they pulled out suddenly into traffic and “brake-checked” the other driver, they could be found partially at fault.
Parking Lot Accidents: These are notoriously difficult. Low speeds, non-traditional traffic lanes, and multiple drivers backing up create chaotic situations where blame is rarely 100% on one person.
Premises Liability (Slip and Fall): If you slip on a wet floor in a store, the store may be liable for not putting up a sign. However, their defense will almost always be that you were not watching where you were going (e.g., you were looking at your phone) and are therefore partially responsible for your own fall.

Can Someone Else Be Blamed for My Accident?

A personal injury claim is not always just between you and one other driver. The Texas law on proportionate responsibility allows a jury to assign fault to every person or entity that contributed to the accident, even those not present in the courtroom.
A defendant (the person you are suing) can designate someone else as a “Responsible Third Party.”

For example, imagine a truck’s brakes fail, causing it to rear-end you. You sue the truck driver. The truck driver’s attorney might designate the mechanic who recently worked on the brakes as a responsible third party. A jury would then have to decide the fault percentages of all three parties: you, the truck driver, and the mechanic. This can make a case much more complex.

If I Am Partially at Fault, What Compensation Can I Still Receive?

If you are found to be 50% or less at fault, your percentage of blame is applied to your total damages. This means the law allows you to seek compensation for the full range of your losses, which are then reduced.
This compensation is divided into two main categories:

Economic Damages: These are the tangible, verifiable financial losses you have incurred.

Medical Bills (past, present, and future)
Lost Wages
Loss of Future Earning Capacity
Property Damage (like car repairs)
Rehabilitation and physical therapy costs

Non-Economic Damages: These are intangible losses related to the impact the accident has had on your life.

Pain and Suffering
Mental Anguish
Physical Impairment
Disfigurement
Loss of Enjoyment of Life

If your total economic and non-economic damages are $200,000 and you are found 30% at fault, you would be entitled to receive $140,000.

What Should I Do After an Accident If I Think I Might Be Partially at Fault?

Your actions in the minutes and days after a crash can have a massive impact on your ability to protect your claim. If you have been in an accident and have even a small concern that you might share some blame, follow these steps.

Prioritize Safety and Health: Move to a safe location if possible and call 911. Get a police report and seek medical attention immediately, even if you feel fine. Adrenaline can mask serious injuries.
Document Everything: Take photos and videos of all vehicles involved, the license plates, the surrounding scene, any road signs, and your injuries.
Get Witness Information: Get the names and phone numbers of anyone who saw the accident.
Do NOT Admit Fault: This is the most important step. Do not apologize or say anything that could be interpreted as an admission of guilt. You can be polite and exchange information without saying “I am sorry” or “I did not see you.”
Decline to Give a Recorded Statement: When the other driver’s insurance adjuster calls, you are not legally obligated to give them a recorded statement. Politely decline and tell them your attorney will be in contact.
Contact a Personal Injury Attorney: Navigating a shared-fault claim is not something you should do alone. The insurance company has a team of professionals working to pay you as little as possible. You deserve to have a knowledgeable advocate on your side to level the playing field.

Contact a Katy, Texas Personal Injury Attorney Today

Cases involving partial fault are not straightforward. They are won or lost in the details—the evidence, the investigation, and the ability to present a clear case that counters the insurance company’s arguments. The line between a 50% fault finding and a 51% fault finding is thin, but the financial consequences are enormous. The Will Adams Law Firm is prepared to take on these complex cases. We have experience investigating collisions, gathering the evidence needed to build a strong case, and fighting back against insurance company tactics. We are dedicated to holding the responsible parties accountable and pursuing the maximum compensation the law allows for our clients.

If you or a loved one has been injured in an accident where fault is disputed, contact us today at (281) 371-6345 for a free and confidential consultation. We are here to listen to your story and explain your legal options.