WHAT IS COMPARATIVE FAULT?

Comparative fault is a legal doctrine that reduces damages by a certain percentage if the person bringing suit is partially at fault for an accident. This doctrine is less strict than contributory negligence, which completely prevents a person from recovering damages if they are found even partially at fault.

TEXAS AND THE 51% RULE

Texas has adopted the "modified" comparative fault doctrine, known as the "51% bar." Under this rule, you can sue for damages even if you are partially at fault for an accident. However, if you are found to be more than 50% to blame, you cannot recover any damages at all.

HOW IT WORKS IN PRACTICE

Example 1: You slam your brakes after a deer runs across the street, which causes the vehicle behind you to rear-end you. The court determines you were 40% responsible and the vehicle behind you was 60% responsible. The jury awards $100,000 for your injuries. Under Texas's modified approach, your recovery is reduced by 40%. Your total recovery is $60,000 instead of the full $100,000.

Example 2: Same scenario, but the court determines you were 52% at fault. In this instance, you are completely barred from recovering anything from the lawsuit.

WHAT THIS MEANS FOR YOU

Most accidents are relatively straightforward concerning liability. However, if you are questioning who was at fault or whether shared fault applies to your situation, do not assume you have no case. Call us for a free consultation and we will evaluate the facts.