Texas Legal Glossary · Personal Injury

Comparative Negligence (Proportionate Responsibility)

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: Comparative negligence, called proportionate responsibility in Texas, is the system under which a jury assigns each party a percentage of fault. An injured claimant found more than 50 percent responsible recovers nothing; otherwise the award is reduced by the claimant’s percentage.

Also called: proportionate responsibility, modified comparative fault, 51 percent bar

What comparative negligence means in Texas

Comparative negligence is the everyday name for what Chapter 33 of the Civil Practice and Remedies Code calls proportionate responsibility. Texas is a modified comparative fault state with a 51 percent bar. Under § 33.001, a claimant who is found more than 50 percent responsible for the harm cannot recover anything. Under § 33.012, a claimant at or below 50 percent recovers, but the damages are reduced by the claimant’s own percentage.

The jury, or the judge in a bench trial, assigns a percentage to every party under § 33.003: each claimant, each defendant, any settling person, and any responsible third party designated under § 33.004. The percentages must total 100.

How it works in practice

The percentages also control who pays. Under § 33.013, a defendant is jointly and severally liable for the entire judgment only if that defendant’s share is more than 50 percent. Otherwise each defendant pays only its own percentage. A defendant at 30 percent on a $500,000 verdict owes $150,000 and nothing more, even if the other defendants are bankrupt.

Responsible third parties are a frequent tactic. A defendant can ask the court to add an unsued or even unknown person to the verdict form so the jury can shift fault to them. Fault assigned to a responsible third party reduces what the plaintiff collects without anyone being liable for it.

Why it matters in your case

Insurers price every claim with comparative fault in mind. An adjuster who argues you were speeding, not wearing a seatbelt, or looking at your phone is building a percentage to deduct. Those arguments start the day of the crash in recorded statements. Preserving evidence that pins fault on the other side is the direct counter.

Example

Jordan is hit while changing lanes on I-35 by Casey, who was going 85 in a 65 zone. The jury finds Casey 70 percent responsible and Jordan 30 percent for an unsafe lane change. Jordan’s damages are $200,000. Under § 33.012 the award is reduced by 30 percent to $140,000. Because Casey is over 50 percent, Casey is jointly and severally liable for that full amount.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.