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If you were hurt in an accident and wonder whether you can still claim when you were partly at fault, this rule is the one that decides. Here we explain it clearly, with a Valley example.
In Texas you can recover compensation for an accident as long as your responsibility is 50% or less. If you are found 51% or more at fault, the law bars you from recovering anything. That is why it is called the 51% rule.
It is the rule that decides whether you can claim when you shared some blame.
Texas uses a system called modified comparative negligence. In plain terms: the law recognizes that in many accidents more than one person bore some responsibility. As long as your share of the blame is 50% or less, you keep the right to receive compensation. The moment you cross to 51% or more, that right is lost entirely.
Picture a crash on Expressway 83, in McAllen. Your total damages are found to be $100,000. Here is how everything changes with your percentage of fault:
The insurer does not decide it on its own, though it would love to. In a case, the percentage is established from the evidence:
That is why the other driver's insurer works so hard to raise your percentage: every point they pin on you saves them money. And that is why having someone gathering evidence on your side changes the outcome.
Because the 51% rule is, in practice, the insurers' main weapon. If they can push you above 50%, they owe you nothing, and they know how to try from the very first call. The way to protect yourself is not to face that game alone.
We gather the evidence that keeps your percentage of fault low and fight so the insurer does not decide for you. We handle your case in Spanish, you speak directly with our team, and we charge nothing unless we win. The consultation is free and with no obligation.
Esta página es publicada por Carreras Law Firm, PLLC únicamente con fines informativos y educativos generales. No constituye asesoría legal ni sustituye la consulta con un abogado licenciado sobre tu situación específica. Cada caso es diferente y las leyes cambian con el tiempo. Leer esta página, o comunicarte con nuestra firma a través de este sitio web, no crea una relación abogado-cliente. Por favor no envíes información confidencial hasta que se haya establecido por escrito una relación abogado-cliente. Nada en esta página garantiza un resultado en particular. Si sufriste lesiones en Texas, contáctanos para una consulta gratuita con un abogado. El abogado Markin Carreras tiene licencia para ejercer en Texas. Oficina principal en Houston, Texas.This page is provided by Carreras Law Firm, PLLC for general informational and educational purposes only. It is not legal advice and is not a substitute for advice from a licensed attorney about your specific situation. Every case is different, and the law changes over time. Reading this page, or contacting our firm through this website, does not create an attorney-client relationship. Please do not send confidential information until an attorney-client relationship has been established in writing. Nothing on this page guarantees any particular result. If you have been injured in Texas, contact Carreras Law Firm, PLLC for a free consultation with an attorney. Attorney Markin Carreras is licensed to practice law in Texas. Principal office in Houston, Texas.
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