Under Texas Civil Practice and Remedies Code Chapter 33, an injured person can recover damages as long as their share of responsibility is not greater than 50 percent, and the recovery is reduced by that share. Insurers use this rule constantly to shift blame. Owsley Law Firm handles disputed-fault crash claims across Texas and charges no fee unless we win.
Texas does not require a perfect victim. If you were partly responsible for a crash, you can still recover, but the amount is reduced by your percentage of fault. At 51 percent, you recover nothing. That bright line is why insurers work so hard to raise an injured person’s share.
Chapter 33 also controls how fault is assigned among several defendants, how settlements are credited, and when one defendant can be made to pay the whole judgment. This page explains each rule in plain terms.
How does comparative fault work in Texas?
A jury assigns each person a percentage of responsibility. You recover if your share is not greater than 50 percent, reduced by that share.
Section 33.001 bars recovery when a claimant’s responsibility is greater than 50 percent. Section 33.012 reduces the recovery by the claimant’s percentage. For example, an injured person found 20 percent responsible recovers 80 percent of their damages.
Who does the jury assign fault to?
Each claimant, each defendant, each settling person, and each responsible third party designated under section 33.004.
Section 33.003 requires the jury to state percentages in whole numbers. A defendant can ask to designate a responsible third party, such as a driver who left the scene, by motion filed at least 60 days before trial unless the court allows it later for good cause.
- The injured person
- Each defendant
- Anyone who settled
- Designated responsible third parties
What happens when there is more than one defendant?
Each defendant generally pays only its own percentage, but a defendant found more than 50 percent responsible is jointly and severally liable for the whole recoverable amount.
Section 33.013 means that in a multi-vehicle crash, a mostly responsible defendant can be made to pay the full judgment even if another defendant cannot pay its share. This often affects strategy in truck and pileup cases.
How do settlements affect what I recover at trial?
The court reduces the recovery by the dollar amount of all settlements, in addition to the claimant’s percentage of fault.
If one driver settles before trial, the remaining defendants get a credit for that amount under section 33.012(b). This is one reason the order and timing of settlements matter.
What is a responsible third party?
A person the defendant claims caused or contributed to the harm, who is added to the jury question without being a party to the lawsuit.
A defendant can designate a phantom driver, a road contractor, or another motorist as a responsible third party. The jury then assigns that person a percentage, which reduces what the named defendants owe.
Section 33.004 sets timing rules for the motion. An injured person can object if there is insufficient evidence, and can sometimes add the designated person as a defendant. Watching for these designations is part of trial preparation.
How do insurers use Chapter 33 against injured people?
By arguing you were speeding, distracted, not wearing a seat belt, or could have avoided the crash, to push your share higher.
Each percentage point reduces the claim, and crossing 50 percent ends it. Evidence that answers these arguments early, such as video, event data, and witness statements, protects the claim. In Texas, seat belt evidence can be considered in apportioning responsibility under the Texas Supreme Court’s decision in Nabors Well Services v. Romero.
How it is proven after a crash
- Video and event data showing each driver’s conduct
- Witness statements on speed and lane position
- Crash reconstruction
- Phone records for distraction claims
- Medical evidence on seat belt arguments
Mistakes that cost people money
- Admitting partial fault at the scene
- Assuming any fault means no recovery
- Letting the insurer’s version go unanswered
- Settling with one party without considering the credit rules
Frequently asked questions
Can I recover if I was 50 percent at fault?
Yes. Recovery is barred only if your share is greater than 50 percent, and it is reduced by your percentage.
Is Texas a modified comparative fault state?
Yes. Texas uses a 51 percent bar under Chapter 33.
Can the defendant blame someone who is not in the lawsuit?
Yes, by designating a responsible third party under section 33.004.
Does not wearing a seat belt reduce my recovery?
It can be considered in apportioning responsibility after Nabors Well Services v. Romero.
How long do I have to file?
Generally two years from the crash under section 16.003.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
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