If you’ve been hurt in an accident in Austin and are wondering, “Can I sue if the accident was partially my fault?”, it’s important to know how Texas handles shared-fault cases. Texas uses what’s called modified comparative negligence, commonly referred to as the “51 % bar” rule.
What the law says
Under Texas Civil Practice & Remedies Code Chapter 33: if you’re partially to blame for your injury, you may still recover damages. In fact you can recover so long as you’re found 50 % or less at fault. If you are found 51 % or more responsible, you cannot recover anything at all.
When you are eligible to recover (i.e., you’re 50 % or less at fault), your award gets reduced by your percentage of fault. For example: if your total damages are $100,000 and you’re found 30 % responsible, your recovery would be $70,000.
What that looks like in real life here in Austin
Picture this: You’re speeding down MoPac (Loop 1) near downtown Austin and another driver runs a red light and T-bones you. A jury might decide you’re 30 % at fault (for speeding) and the other driver 70 %. Since you’re under the 50 % threshold, you could recover - but the amount is reduced by that 30 %. Now flip it around: suppose you ran a stop sign while talking on your phone and a distracted driver hits you. The jury finds you 55 % at fault and the other driver 45 %. Under Texas law you would not recover any damages, even though the other driver bore some blame.
Why this matters
Even a one-point increase in your fault percentage (say from 50 % to 51 %) can cost you everything. That cliff-edge is very real.
Insurance companies know all this, and they may push the idea you were more to blame to avoid paying. Having strong evidence that shifts fault toward the other party is critical.
The rule doesn’t just apply to car wrecks. It applies broadly: premises-liability (slip & falls), defective products, workplace injuries, etc.
What to do if you’re partly at fault
Document everything: take photos of the scene, your vehicle (or the hazard if not a car wreck), collect witness names/contact info.
Get medical care right away, even if you don’t think you’re badly hurt. A medical record helps tie your injuries to the incident and counters arguments you were injured later or elsewhere.
Be cautious with what you say, especially to insurance adjusters. Statements that hint you were distracted or doing something wrong (e.g., “I shouldn’t have been speeding”) can be used to raise your fault percentage.
Consult a Texas personal injury attorney. Minimizing your assigned fault is just as crucial as proving the other party was negligent.
Yes. if you were partly at fault, you can sue in Texas. But only if your share of fault stays at 50 % or below. If you’re found to be 51 % or more responsible, you won’t get any compensation. That sharp drop from “recover something” to “recover nothing” is what makes fault percentages so important under Texas’s modified comparative negligence law. If you’ve been hurt and share blame, even a little, it’s worth taking steps to protect your rights and build a strong case.
Q1: Can I sue in Texas if I caused part of the accident? Yes, in Texas you can still file a personal injury claim even if you were partially at fault, as long as your fault is 50% or less. If you’re found 51% or more responsible, you’re barred from recovering any damages.
Q2: What does “modified comparative negligence” mean in Texas? This is the rule that lets you recover damages only if your share of fault is 50% or less. Under Texas Civil Practice & Remedies Code § 33.001, your award is reduced in proportion to your fault, but if you hit 51% you get nothing.
Q3: How is fault determined in an accident in Austin? Fault is assigned by the court, jury or insurer based on evidence like witness statements, police reports, photos, and your actions. For example: speeding on the MoPac (Loop 1) while the other driver runs a red light might result in you being 30% at fault and the other driver 70%.
Q4: What happens to my recovery if I’m partly at fault? If you’re found 30% at fault and total damages are $100,000, you recover $70,000. The $100,000 minus 30% of your fault. If your fault goes over 50% to 51% or more, you recover $0.
Q5: What should I do if I think I’m partly to blame for the accident? Act quickly: document the scene, gather witness info and photos, get medical care right away, and be cautious with admissions (“I shouldn’t have been speeding”). Working with a Texas injury attorney helps protect your rights and keep your fault under the 50% threshold.
For over 25 years, Aaron has fought for justice on behalf of Austin's injured. He is committed to standing up to insurance companies and winning for clients across Central Texas.
