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For many personal injury cases, it is clear there is one party to blame for the accident.
However, in more complex accident cases, there may be more than one person or entity at fault, including the plaintiff themselves.
When multiple parties may be at fault, it is important to know which negligence doctrine your state adopts.
In this article, the personal injury lawyers at The Zimmerman Law Firm go over the details of contributory negligence and comparative negligence. If you have questions, please contact us online today or call 254-752-9688.
Key Takeaways: Comparative Negligence in Texas
Texas follows comparative negligence, not contributory negligence, which changes how much you can recover after an accident where fault is shared. Here's what that means for your claim.
- Texas uses modified comparative negligence, so you can still recover damages even if you were partially responsible for the accident.
- Under the state's 51% bar rule, you're only blocked from recovering damages if you're found 51% or more at fault.
- Your fault percentage directly reduces your payout. For example, 30% fault caps your recovery at 70% of the damages awarded.
- Insurance companies often try to shift blame onto injured claimants to lower what they pay, so documenting liability early matters.
Contributory vs Comparative Negligence in Texas
There are two main doctrines that govern the ability of parties to recover damages based on their percentage of fault: contributory and comparative negligence.
The main difference between contributory negligence and comparative negligence is that contributory negligence prevents plaintiffs from recovering damages if they are even partially at fault, while comparative negligence allows plaintiffs to recover damages reduced by their percentage of fault. States follow either doctrine based on their legal framework.
Under contributory negligence, if the plaintiff bears even partial fault, they cannot recover damages.
On the contrary, under comparative negligence, a plaintiff may still recover damages. However, damages are generally reduced by the percentage of the plaintiff’s fault.
For example, if the court finds that the plaintiff bears 30% fault for the accident, then the court will reduce their maximum recovery by 30%.
So if they were awarded $100,000 in damages, then they will receive a maximum award of $70,000.
Comparative vs Contributory Negligence: Which Rule Does Texas Follow?
Along with most other states, Texas is a comparative negligence state.
Texas does not follow the contributory negligence doctrine, which would bar anyone with partial fault from recovering damages.
There are two types of comparative negligence standards:
- Pure comparative negligence allows a plaintiff to still recover damages no matter their level of fault (e.g., a plaintiff can be 99% at fault and still recover 1% of damages).
- Modified comparative negligence allows a plaintiff to recover damages only if their fault is less than a certain percentage (50% or 51% depending on the state).
They follow the modified comparative negligence standard.
You Are Not Alone In This
Worried the Insurance Company Will Try to Blame You?
It's common for insurance adjusters to point fingers at injured people to avoid paying what they owe. You don't have to sort out fault by yourself, and you don't have to take their word for it. Our attorneys will sit down with you, walk through exactly what happened, and fight to protect the compensation you deserve.
Schedule A Free ConsultationTexas Modified Comparative Negligence Standard
Texas follows a modified comparative negligence standard, specifically, the 51% rule. This means if you are found to be 51% or more at fault for the accident then you cannot recover damages.
In other words:
- If plaintiff is 0% to blame = may collect 100% of damages;
- If plaintiff is 50% at fault = may still collect 50% of damages; and
- If plaintiff is > 50% at fault = cannot collect any damages.
Simply put, if you are more at fault than the other party you will bar yourself from recovering damages.
Here For You, Every Step
Let Us Carry the Legal Weight So You Can Focus on Healing
Negligence law is confusing, and the last thing you need right now is to become an expert in it. When you talk to us, you'll speak directly with an attorney who lives and works here in Central Texas, not a call center. We'll explain your options in plain language and handle the rest.
Talk To An Attorney TodayContact the Texas Personal Injury Attorneys at The Zimmerman Law Firm for a 100% Free Consultation
Dealing with contributory and comparative negligence can be complicated, especially if you are in a comparative negligence state such as Texas.
If you were in an accident and are considering a personal injury lawsuit in Texas, consult with an experienced personal injury attorney before proceeding.
It could mean the difference between recovering an award for 100% of damages and recovering no damages at all.
The attorneys at The Zimmerman Law Firm recovered millions of dollars in an array of personal injury cases. Contact us online or call 254-752-9688 today to discuss your case.
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Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.