What Is Modified Comparative Fault in Texas Injury Cases?

How the 51% Fault Rule Affects Compensation in Texas.

If you’ve been in a car wreck, slip and fall, or any kind of accident in Texas, you might hear insurance adjusters or lawyers throw around the phrase “modified comparative fault.” It sounds complicated, but here’s the simple version:

👉 In Texas, you can still get compensation for your injuries even if the accident was partly your fault – as long as you weren’t mostly to blame.

That’s the heart of modified comparative fault. For example, if you were in a crash and a jury finds you 30% responsible, you could still recover 70% of your damages. But if you were 51% or more at fault, you get nothing.

This law matters because insurance companies use it all the time to try to blame you – even if you were the one hurt. The more fault they can pin on you, the less they have to pay.

That’s why having a strong attorney makes all the difference. At Genthe Law Firm, we know how to fight back against these tactics and protect your right to full compensation. If you’ve been injured, don’t wait – call us at 214-957-0898 to get answers before the insurance company tries to stack the deck against you.

In the sections below, we’ll explain exactly how modified comparative fault works, why the “51% rule” is so important, and how it could impact your Texas injury claim.

Understanding Fault in Texas Injury Cases

When an accident happens, the first question everyone asks is: “Whose fault was it?” In Texas, that question isn’t just about pointing fingers – it determines who pays.

Texas follows a fault-based system, which means the person (or people) who caused the accident are responsible for covering damages. But here’s the tricky part: many accidents involve shared blame.

Think about it:

• Two cars collide because one driver was speeding, but the other ran a red light.
• A shopper slips in a grocery store where the floor was wet, but they were also looking at their phone.

In cases like these, both sides may share some responsibility. And under Texas law, the amount of money you can recover depends on how much of the accident was your fault.

That’s why insurance companies jump at the chance to say, “Well, you were partly responsible.” Every percentage point they push onto you is money they don’t have to pay.

This is where having a lawyer on your side matters. At Genthe Law Firm, we don’t let insurers get away with inflating your share of blame. We dig into the facts, gather the right evidence, and fight to keep your compensation intact. If you’ve been injured, don’t give the insurance company the upper hand – call us now at 214-957-0898 and let us protect your rights.

What Is Modified Comparative Fault?

“Modified comparative fault” (TX Civ Prac & Rem Code § 33.001) is just a legal way of saying: you can still recover money for your injuries, even if you were partly at fault – unless you were mostly to blame.

Here’s how it works in Texas:

• If you were 50% or less at fault, you can still recover damages.
• But your recovery is reduced by your percentage of fault.
• If you were 51% or more at fault, you get nothing.

This is often called the “51% bar rule.”

Simple Example:

Imagine your case is worth $100,000.

• If you’re found 20% at fault, you still recover $80,000.
• If you’re 50% at fault, you recover $50,000.
• If you’re 51% at fault, you get zero.

That 1% difference can make or break your case. And insurance companies know it. They’ll do everything they can to push your fault percentage over the line so they don’t have to pay.

That’s why having a strong advocate is so important. At Genthe Law Firm, we’ve seen these tactics over and over – and we know how to beat them. We fight to keep your fault percentage down so you get the maximum compensation allowed by Texas law.

Don’t risk losing your case over percentages. Call 214-957-0898 today for a free consultation.

How the 51% Bar Rule Works in Texas

The 51% rule is the heart of modified comparative negligence in Texas. It’s simple:

• If you’re 50% or less at fault, you can still recover money.
• If you’re 51% or more at fault, you recover nothing.

That single percentage point can wipe out your entire claim.

Example Breakdown:

This rule is powerful – and insurance companies use it against victims every chance they get. They’ll say you were “a little more at fault” than you actually were just to cross that 51% line and deny your claim.

That’s why you need someone fighting for you. At Genthe Law Firm, we know how to challenge inflated fault percentages. We bring in evidence, witnesses, and experts to keep you on the right side of the 51% rule.

Don’t let the insurance company erase your case. Call 214-957-0898 now and let us level the playing field.

Examples of Modified Comparative Fault in Action

Sometimes the 51% rule feels abstract, so let’s look at a few real-world style examples to see how it works in Texas.

Example 1: Car Accident at an Intersection

Driver A runs a stop sign. Driver B was speeding.

• Driver A is found 70% at fault.
• Driver B is 30% at fault.
• Driver B’s damages are $100,000.
• Driver B can still recover $70,000. Driver A gets nothing.

Example 2: Slip and Fall in a Store

A shopper slips on a wet floor. The store left no warning signs, but the shopper was looking at their phone.

• Jury finds the shopper 40% at fault.
• The store is 60% at fault.
• Damages total $50,000.
• The shopper recovers $30,000.

Example 3: Pedestrian Accident

A pedestrian crosses outside a crosswalk at night, but the driver was texting.

• Pedestrian is 45% at fault.
• Driver is 55% at fault.
• Damages total $200,000.
• The pedestrian can still recover $110,000.

Now imagine if the insurance company convinced the jury that the pedestrian was 51% responsible instead of 45%. Suddenly, the pedestrian walks away with nothing. That’s the danger of this system – it gives insurers a strong incentive to overstate your share of fault.

At Genthe Law Firm, we know how to fight back. We dig into the evidence, challenge unfair fault percentages, and make sure you don’t lose your case over a technicality.

If you’ve been told you were “partly at fault,” don’t take their word for it. Call 214-957-0898 today and let us protect your recovery.

How Modified Comparative Fault Impacts Settlements

Modified comparative fault doesn’t just show up in court – it plays a huge role in settlement negotiations with insurance companies.

Here’s the reality: insurers know the 51% rule gives them leverage. So they’ll often argue that you were more at fault than you really were to slash what they pay out.

Example:

Your damages total $100,000. The insurance company says you were 40% at fault.

• That means they’ll only offer you $60,000.
  But what if the evidence really shows you were only 20% at fault? Then your recovery should be $80,000.

That $20,000 difference is exactly why fault percentages matter.

Why This Matters for Victims

Every percentage point assigned to you lowers your compensation. And if they push you to 51% or more, they don’t have to pay you a dime.

That’s why it’s risky to handle these negotiations alone. At Genthe Law Firm, we deal with these tactics every day. We know how to push back when insurers lowball or exaggerate fault, and we fight for every dollar our clients deserve.

Before you accept a settlement offer that might be thousands less than you should get, call 214-957-0898 and let us review your case for free.

Proving Fault in a Texas Injury Case

When fault is shared, evidence decides the outcome. The stronger your proof, the lower your fault percentage – and the more compensation you keep. Without solid evidence, insurance companies will exaggerate your responsibility to reduce or deny your claim.

Types of Evidence That Make a Difference:

• Police reports – These provide an official account of the accident.
• Witness statements – Neutral observers can confirm what really happened.
• Photos and videos – Skid marks, vehicle damage, or surveillance footage can show the truth.
• Black box or electronic data – In car or truck accidents, onboard systems can reveal speed and braking.
• Medical records – Documenting injuries right away connects them directly to the accident.
• Expert testimony – Accident reconstruction specialists can explain fault clearly to a jury.

Why This Matters

Let’s say the insurance company claims you were 40% at fault. With strong evidence, a lawyer might prove you were only 20% responsible. That difference could be worth tens of thousands of dollars.

At Genthe Law Firm, we move quickly to gather and preserve evidence before it disappears. Skid marks fade, witnesses forget, and records can be “lost.” The sooner we step in, the stronger your case will be.

Don’t wait until the evidence is gone. Call 214-957-0898 now and let us start building your case today.

Why Legal Help Matters in Shared Fault Cases

Shared fault cases are where insurance companies play their toughest games. They know that if they can bump your share of blame just a little higher, your payout shrinks – or disappears completely under the 51% rule.

Without a lawyer, you’re left arguing percentages with trained adjusters whose job is to save their company money. That’s not a fair fight.

How Genthe Law Firm Protects You:

• We investigate deeply – pulling police reports, photos, witness statements, and expert analysis to challenge inflated fault claims.
• We push back on insurers – refusing to let them assign more blame than you deserve.
• We maximize your recovery – making sure every category of damages – medical bills, lost income, pain and suffering – is fully accounted for.
• We take cases to trial – if the insurance company won’t be fair, we’re ready to put your case before a jury.

Texas comparative fault laws are complex, but you don’t have to navigate them alone. Having an experienced team in your corner can mean the difference between walking away with nothing – or recovering the full compensation you need to rebuild your life.

Don’t let an insurance company control the outcome of your case. Call Genthe Law Firm at 214-957-0898 today for a free consultation.

FAQs About Modified Comparative Fault in Texas

Can I still recover damages if I was partly at fault in a Texas accident?
Yes. As long as you were 50% or less at fault, you can still recover damages. Your award will just be reduced by your percentage of fault.

Does the 51% rule apply to all personal injury cases in Texas?
Generally, yes. The rule applies in car accidents, slip and fall cases, truck crashes, and most negligence claims. It’s the standard for dividing responsibility in Texas injury cases.

How do insurance companies use comparative fault against me?
Adjusters often argue you share more blame than you really do. For example, they may say you were 55% at fault instead of 45% – which could completely bar your recovery. That’s why it’s critical to have a lawyer challenge their numbers.

What if multiple people caused the accident?
Texas law allows fault to be divided among several parties. Each person pays damages based on their percentage of responsibility. For victims, this means you may have multiple potential sources of recovery.

Does modified comparative fault affect settlements or just trials?
Both. Insurance companies use the 51% rule as leverage during settlement negotiations. They’ll lower their offers by inflating your fault percentage – even if the case never goes to court.

How can a lawyer reduce my fault percentage?
An attorney can gather evidence, hire accident reconstruction experts, and present your case in a way that minimizes your share of responsibility. Lowering your fault percentage directly increases the money you take home.

What happens if I don’t agree with the fault percentage assigned to me?
You don’t have to accept it. You can reject a settlement and let your lawyer fight the issue in court. A jury then decides the fair division of fault.

Contact a Dallas Injury Lawyer Today

If you’ve been told you were “partly at fault” in an accident, don’t give up on your claim. Texas’s modified comparative fault rule doesn’t automatically bar recovery – it just makes the fight harder. Insurance companies know this, and they’ll do everything they can to put more blame on you.

At Genthe Law Firm, we know their tactics and how to beat them. Whether you were in a car crash, a slip and fall, or another serious accident, we’ll work to lower your fault percentage and fight for the maximum compensation the law allows.

Call 214-957-0898 today for a free consultation. The sooner you call, the stronger your case will be.