If you were injured in a Texas car accident and may have been partially at fault, understanding the 51 percent bar rule is crucial. This rule, part of Texas’s modified comparative negligence system, can determine whether you get paid at all.
Texas’s Modified Comparative Negligence Explained
Texas uses modified comparative negligence (or proportionate responsibility) to assign fault after a crash. Under Texas Civil Practice & Remedies Code Chapter 33:
- Everyone involved (drivers, passengers, companies) is assigned a percentage of fault totaling 100%.
- Your compensation is reduced by your own fault percentage.
Unlike contributory negligence states (where even 1% fault can block recovery) or pure comparative fault states (where you can recover even if 90% at fault), Texas has a 50/51% cutoff:
- 50% or less at fault → You can recover damages, reduced by your fault percentage.
- 51% or more at fault → You recover nothing from other negligent parties.
How the 51 Percent Rule Works in Practice
Here is a basic example of the 51 % Rule for clarity:
- Total damages: $100,000
- Fault: 20% → Recovery = $80,000
- Fault: 50% → Recovery = $50,000
- Fault: 51% → Recovery = $0
Even a 1% difference can turn a sizable claim into nothing. Insurance companies know this and often push partially at-fault drivers over the 50% line.
High-Value Claims and Coverage Considerations
- Your recovery is limited by both your fault percentage and available insurance.
- UM/UIM coverage may step in if the at-fault driver’s insurance is insufficient.
- In complex cases (trucks, commercial vehicles, multiple parties), fault can be split among multiple policies. Keeping your fault below 51% is essential to maximize compensation.
Situations Where the 51% Rule Hits Hardest
- Multi-vehicle pileups: Fault is split among several drivers; insurers may inflate your share.
- Intersection and lane-change collisions: Minor details (signals, visibility, road design) can affect percentages.
- Distraction or impairment claims: Texting, minor alcohol, or other alleged distractions can be used to push you past 50%.
Insurance Company Tactics
Insurers often:
- Pressure you into early statements to increase your fault.
- Cherry-pick evidence to make you look more responsible.
- Misuse police reports or minor traffic violations to argue you were “mostly at fault.”
Counter-strategies include:
- Documenting the scene thoroughly (photos, videos, witness info).
- Preserving medical and vehicle records.
- Collecting dashcam, black box, and phone data.
Protecting Yourself After a Crash
- Call 911 and file a crash report—don’t rely on verbal agreements.
- Document the scene: wide shots, vehicle damage, traffic controls, weather, and visibility.
- Seek prompt medical attention to link injuries to the crash.
- Preserve evidence: dashcam, phone records, social media, and repair receipts.
- Avoid giving recorded statements to insurers before consulting an attorney.
The Role of a Texas Personal Injury Lawyer
A skilled lawyer can:
- Assess and minimize your fault percentage.
- Gather evidence, hire experts, and coordinate multi-party claims.
- Handle negotiations to keep insurers from exploiting the 51% rule.
- Navigate complex insurance layers: liability, UM/UIM, MedPay, PIP, and health liens.
At Harmonson Law Firm in El Paso, we focus on protecting partially-at-fault clients and maximizing their recoveries under Texas comparative negligence law.
Key Takeaways
- You can recover if partially at fault, as long as your share is 50% or less.
- Even small increases in fault can wipe out your case.
- Early action and strong evidence are critical to protect your claim.
- Legal guidance matters—insurance companies know the rules and will use them against you if unchecked.
Contact Harmonson Law Firm today for a free consultation to review your partially-at-fault car accident claim and protect your rights under the Texas 51 percent rule.