Texas · Comparative Negligence

Texas Comparative Negligence Rule

Texas follows a modified 51% bar rule under Tex. Civ. Prac. & Rem. Code § 33.001. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Texas

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Texas

Texas follows modified comparative negligence with a 51% bar. A claimant whose percentage of responsibility is greater than 50% may not recover damages. At 50% or below, damages are reduced in proportion to the claimant’s share of fault. Codified as "proportionate responsibility" in Chapter 33 of the Civil Practice and Remedies Code.

Related: Texas statute of limitations

Texas gives you 2 years to file a personal injury lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003.

See the full Texas statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Texas attorney before relying on it.

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Texas Comparative Negligence FAQ

What comparative negligence rule does Texas follow?

Texas follows a modified 51% bar rule under Tex. Civ. Prac. & Rem. Code § 33.001. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Texas?

Yes, up to a point. In Texas you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Texas?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Texas bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Texas?

Texas gives you 2 years to file a personal injury lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003.

Where can I read the actual rule?

The controlling authority is Tex. Civ. Prac. & Rem. Code § 33.001. The full text is available at https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm.

See comparative negligence rules for all 51 covered states