If you’ve been injured in an accident due to someone else’s negligence, you may be entitled to compensation. However, determining fault in a personal injury case isn’t always straightforward — and degrees of fault can actually determine how much compensation you receive. Why? Because Texas follows a legal principle known as comparative negligence, which often dictates how much compensation you receive after an accident. Understanding comparative negligence is essential for anyone seeking damages after an accident.
Comparative negligence in Texas allows courts to distribute fault between all parties involved in an accident. This means that even if you were partially responsible for your injuries, you might still be able to recover damages — just in a reduced amount. However, if your level of fault exceeds 51%, you may be barred from recovering compensation altogether.
Navigating a personal injury claim can be complicated, especially when comparative negligence is involved. That’s why having an experienced legal team like Guzman Law Firm on your side can make a significant difference. Attorney Javier Guzman can evaluate your case, gather evidence, and fight to ensure you receive the compensation you deserve.
Call Guzman Law Firm today at (956) 516-7198 for a free case review.
What is the comparative negligence rule in Texas?
Texas modified comparative negligence, also known as “proportionate responsibility,” means that an injured party can recover damages as long as they are not more than 50% at fault for the accident. This is also known as the 51% Bar Rule because if a claimant is found to be 51% or more responsible, they are barred from recovering any compensation.
Under Texas Civil Practice and Remedies Code §33.001, comparative negligence works as follows:
- If you are 0% at fault, you can recover 100% of the damages awarded.
- If you are 1–50% at fault, your damages will be reduced by 1–50%.
- If you are 51% or more at fault, you cannot recover any damages.
For example, if you were in a car accident where another driver ran a red light but you were speeding, the court may determine that you were 20% at fault while the other driver was 80% at fault. If your total damages amount to $100,000, your compensation would be reduced by 20%, leaving you with $80,000.
Because insurance companies and opposing lawyers often try to shift blame and protect their own interests, it’s essential to have skilled legal representation in your corner to help prove that your percentage of fault is as low as possible.
Contributory negligence vs. comparative negligence
To fully understand Texas’s comparative negligence system, it’s important to distinguish it from contributory negligence. Often the two terms are mistaken for one another; however, as you’ll discover, contributory negligence (NOT enforced in Texas) has dramatically different implications than comparative negligence:
Contributory negligence in other states
- This is a harsher system used in a few states.
- If a plaintiff is found even 1% at fault, they are completely barred from recovering any damages.
- This system is much less forgiving and does not account for degrees of fault.
Comparative negligence in Texas
- This system allows plaintiffs to recover damages even if they are partially at fault.
- Some states use pure comparative negligence, meaning a plaintiff can recover damages even if they are 99% at fault (though greatly reduced).
- The Texas modified comparative negligence rule means plaintiffs can recover damages only if they are 50% or less at fault.
The comparative negligence system in Texas is more fair and flexible than contributory negligence. Still, it places a cap on recovery to prevent those mostly responsible for an accident from benefiting.
What is the statute of limitations for personal injury in Texas?
If you’re considering filing a personal injury lawsuit in Texas, you must act within the statute of limitations. Pursuant to Texas Civil Practice and Remedies Code §16.003, Texas law generally sets the statute of limitations for personal injury claims at two years from the date of the accident.
This means you must file your lawsuit within two years of the accident, or you may lose your right to seek compensation. There are some exceptions:
- Discovery rule: If the injury was not immediately apparent, the two-year period may begin when the injury was discovered.
- Minors: If the injured party is under 18 years old, the clock may not start until they turn 18.
- Government claims: If the defendant is a government entity, a claim must often be filed within six months of the accident.
Failing to file within the statute of limitations can result in your case being dismissed, so you’ll need to take legal action as soon as possible.
How damages are assessed and awarded in Texas
Damages in personal injury cases fall into three main categories:
| Economic damages (tangible financial losses) | Non-economic damages (intangible losses) | Punitive damages (rare cases) |
| Medical expenses (past and future) | Pain and suffering | Applied when the defendant’s actions were especially reckless or malicious. Texas law caps punitive damages at the greater of $200,000 or twice the amount of economic damages plus non-economic damages up to $750,000. |
| Lost wages | Emotional distress | |
| Loss of earning capacity | Loss of enjoyment of life | |
| Property damage | Disfigurement or physical impairment |
When assessing damages, the comparative negligence rule applies, reducing the award based on the plaintiff’s percentage of fault. Having a skilled lawyer can help maximize compensation and ensure fair assessment.
Why you need a skilled personal injury attorney on your side
Because Texas follows the modified comparative negligence rule, defendants and insurance companies often try to shift as much blame onto the plaintiff as possible to reduce or eliminate their liability. Without proper legal representation, you might end up with a lower settlement or no compensation at all.
An experienced personal injury attorney can help you by:
- Investigating the accident to gather crucial evidence
- Negotiating with or suing insurance companies to prevent unfair blame-shifting
- Presenting a strong case in court, if necessary, to prove your level of fault is minimal
- Ensuring all deadlines are met, including the statute of limitations
At Guzman Law Firm, we know how to counter insurance company tactics and build a compelling case that helps our clients recover the compensation they deserve.
Let Guzman get you the compensation you deserve
If you’ve been injured due to someone else’s negligence in Texas, you don’t have to navigate the legal system alone. Comparative negligence in Texas can complicate your case, but with the right legal representation, you can fight for the maximum compensation available.
At Guzman Law Firm, our attorneys are dedicated to protecting your rights and ensuring you get the justice you deserve. Whether you were injured in a car accident, slip and fall, workplace accident, or any other personal injury case, we are here to help.
Don’t wait! Call Guzman Law Firm at (956) 516-7198 for a consultation. Let us fight for you and help you get the compensation you need to move forward.
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