Understanding Comparative Negligence in Texas Personal Injury Cases

When you’re injured in an accident caused by someone else’s negligence, your right to compensation might seem straightforward. However, in Texas, fault isn’t always black and white. Sometimes, more than one person is partially responsible for an accident — and that’s where comparative negligence comes into play.

Understanding how Texas handles shared fault can make the difference between recovering fair compensation and walking away with nothing. To better understand what happens after filing a personal injury claim, check out our guide on What to Expect in a Texas Personal Injury Lawsuit: Step-by-Step Guide.

Comparative negligence is a legal concept used to determine how much compensation you can receive when multiple parties share responsibility for an accident.

In Texas, this rule falls under the Texas proportionate responsibility law (Texas Civil Practice and Remedies Code §33.001). Essentially, your compensation may be reduced by the percentage of fault assigned to you.

💡 Example:
If you were awarded $100,000 in damages but found 20% at fault, your compensation would be reduced to $80,000.

Texas follows what’s called a “modified comparative negligence” system — often referred to as the 51% bar rule.

That means:

This rule emphasizes the importance of having strong evidence and representation to minimize your assigned percentage of fault. Because Texas follows a modified comparative negligence rule, it’s crucial to act quickly after an accident.

Learn more about important filing deadlines in our post on How Long Do You Have to File a Personal Injury Claim in Texas.

Comparative negligence often arises in personal injury claims such as:

Each case is unique, which is why it’s essential to have an attorney who can gather evidence, reconstruct the incident, and fight for the lowest fault percentage possible. Comparative negligence often comes up in car accident cases, where both drivers may share some responsibility.

If you’ve recently been in a collision, learn the essential steps to take in our post: Car Accidents in Texas: What to Do Immediately After a Crash.

Even a small percentage of fault can significantly affect your settlement. Insurance companies often use this rule to minimize payouts, arguing that you were more to blame than you actually were.

An experienced personal injury lawyer can help by:

By challenging unfair fault assignments, your attorney helps maximize the compensation you’re entitled to. Insurance companies often use comparative negligence to minimize what they pay.

Learn more about their tactics in our article: How Insurance Companies Devalue Personal Injury Claims (and What You Can Do About It).

If the other side (or their insurance company) claims you were partly to blame:

The sooner you have legal representation, the easier it is to protect your rights and ensure your percentage of fault is fairly represented.

At the Law Office of Silverio Martinez, we understand that every accident has multiple sides — and we work tirelessly to make sure your side is heard. Our team investigates every detail, negotiates directly with insurance companies, and fights for the compensation you deserve.

We’ve helped clients across Laredo, Houston, San Antonio, Corpus Christi, and throughout the United States secure justice in personal injury cases involving car accidents, slips and falls, and more.

If you’ve been injured in Texas and are unsure how comparative negligence could affect your claim, don’t wait

📞 Call the Law Office of Silverio Martinez today at (956) 724-5047 or contact us online for a free consultation.

We’ll evaluate your case, explain your options, and help you build the strongest claim possible.