It is crucial to understand that Texas operates under a “modified comparative fault” system. Under this type of system, individuals can still recover compensation even if they are partially at fault. Texas operates with a 51% rule concerning comparative fault. This means that any person 51% or more responsible for causing their own injuries will be unable to recover compensation. However, any person 50% or less responsible for the incident may be able to recover compensation.
However, there is a catch to this - individuals will receive reduced compensation based on their percentage of fault for an accident. For example, if a person sustains $10,000 worth of medical bills caused by a rear-end collision, but a jury finds that they were 20% at fault because they had faulty brake lights, then they would receive $8,000 instead of the full $10,000.
This comparative fault system can be broadened to multiple parties, depending on how fault is spread out over a multi-vehicle accident.