Yes, as long as your share of fault is 50 percent or less. Texas reduces your recovery by your percentage of fault and bars it only at 51 percent or more.
Texas follows modified comparative fault, called proportionate responsibility, under Chapter 33 of the Civil Practice and Remedies Code. The jury assigns each party a percentage. If you are 20 percent at fault, you recover 80 percent of your damages. If you are 51 percent or more at fault, you recover nothing.
This rule is the reason fault evidence matters even in a clear case. An insurer that cannot deny its driver caused the crash will still try to prove you were speeding, distracted, or could have avoided it, because every percentage point comes off the check.
It is also the reason not to concede anything to an adjuster. Statements like “I didn’t see him” or “I might have been going a little fast” become percentages.
Owsley Law Firm builds the fault case from event data, video, reconstruction, and witnesses so the percentage reflects the physics, not the insurer’s narrative. The consultation is free.
Texas's fault system has features that matter to a partly-at-fault plaintiff. Under section 33.003 the jury assigns a percentage to each claimant, defendant, settling person, and responsible third party, and under section 33.012 the claimant's recovery is reduced by the claimant's own percentage. If a settling person paid something earlier, the court also credits that amount against the judgment.
Responsible third party designation under section 33.004 deserves attention. A defendant can name someone who is not a party to the lawsuit, such as an unidentified driver who caused the sudden stop, and ask the jury to assign that person a share of fault. Any percentage assigned to the third party reduces what the defendant pays, and the plaintiff cannot recover that share from anyone. The rule is one reason evidence identifying every driver matters.
Insurers preview their arguments in the first weeks. They look for speeding, phone use, failure to yield, or failure to wear a seat belt, and they ask leading questions to produce a percentage. Texas courts allow evidence of seat belt nonuse on the question of damages in some circumstances, so it is best to talk to a lawyer before assuming what the rule allows in your case.
The best response is evidence. Event data recorders, traffic and business camera footage, and independent witnesses replace the insurer's story with facts. A case that looks like an even split from the police report can turn into a small share for the injured driver once the data is examined.
Mistakes that cost people money
- Apologizing at the scene or saying you should have seen the other car.
- Assuming that because you share some fault you have no claim.
- Guessing about your speed or distance in a statement to an insurer.
- Waiting so long that video and vehicle data are lost.
Related questions
What if the police report blames me?
A police report is not a legal finding of fault. Officers form impressions at the scene, and the report can be challenged with vehicle data, video, and witnesses. Do not assume a citation or report ends your claim.
What does 51 percent at fault mean for my claim?
If a jury finds you 51 percent or more responsible, Chapter 33 bars any recovery. At 50 percent or less, you recover your damages reduced by your percentage. The line is why small differences in the evidence matter.
Can my own insurance pay if I am partly at fault?
Yes. First-party coverages such as PIP and medical payments usually pay regardless of fault, and collision coverage pays for your car subject to the deductible. Fault affects claims against the other driver, not those benefits.
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