Call Us (318) 221-1508

Resource

Texas Proportionate Responsibility and the 51% Bar

Texas uses proportionate responsibility with a 51% bar. If you are found 51% or more responsible for your own injury, you recover nothing. At 50% or less, you still recover, but your award is reduced by your percentage of responsibility. Each defendant generally pays only its own share unless its responsibility exceeds 50%.

Last reviewed: June 5, 2026

Texas divides responsibility for an injury among everyone who contributed, including the injured person. Where your percentage lands decides whether you recover at all.

The 51% bar

Under Tex. Civ. Prac. & Rem. Code Chapter 33, a claimant who is 51% or more responsible recovers nothing. At 50% or less, the claimant recovers, with the award reduced by their responsibility percentage. A plaintiff 30% responsible for a $100,000 injury recovers $70,000.

How defendants pay

Each defendant generally pays only its proportionate share. The exception: a defendant found more than 50% responsible can be jointly and severally liable for the whole judgment.

Because a single percentage point can erase the entire claim, the fight over responsibility allocation is central. A Texas injury lawyer builds the case to keep your share under the bar.

Frequently Asked Questions

Can I recover if I was partly at fault in Texas?
Yes, as long as you are 50% or less responsible. Under Chapter 33, your recovery is reduced by your percentage of responsibility. If you are 51% or more responsible, you recover nothing — that is the 51% bar.
Does each defendant pay its full share?
Generally a defendant pays only its own percentage of responsibility. But a defendant whose responsibility is greater than 50% can be held jointly and severally liable for the entire judgment.

Sources