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What Is Comparative Negligence in Texas?

Houston Lawyer List Editorial Team

Texas follows a modified comparative negligence system called the 51% bar rule, codified in Texas Civil Practice and Remedies Code Section 33.001. Under this rule, if you share some fault for the accident, your compensation is reduced by your percentage of responsibility. For example, if a Harris County jury finds you 25% at fault for a wreck on I-45 and your total damages are $100,000, you would receive $75,000. The critical cutoff is 51%. If the jury determines you are 51% or more at fault, you are completely barred from recovering anything. This makes the fault assignment in every Houston accident case extremely important. Insurance companies will aggressively try to blame you for the accident to reduce or eliminate their payout, especially in complex Houston traffic situations involving lane changes on the 610 Loop or merge points on Highway 59. Your attorney's job is to investigate thoroughly, present evidence that minimizes your share of fault, and challenge any unfair blame shifting by the defense.

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