No. Texas is an at-fault state for car accidents. That means the driver who caused the crash is financially responsible for the damages. If you were injured by another driver’s negligence, you can file a claim against that driver’s insurance policy. If the policy limits are not enough to cover your losses, you can sue the at-fault driver directly.
Texas also uses a modified comparative negligence system. If you share some fault for the crash, your recovery is reduced by your percentage of responsibility. If you are more than 50% at fault, you recover nothing. This page explains how Texas fault laws work, what happens when insurance limits are exhausted, and how fault is determined in a Houston car accident case.
On this page we’ll cover:
- What “at-fault” means in Texas
- How Texas fault laws work
- What happens when insurance limits are not enough
- How fault is determined in a Houston car accident case
- How comparative negligence can impact your compensation
- Have more questions about Texas fault laws?
What “At-Fault” Means in Texas
In a no-fault state, each driver’s own insurance pays for their medical expenses and lost wages after a crash, regardless of who caused it. Texas does not work that way. Texas has not passed a no-fault insurance law. The driver responsible for the crash is liable for the damages, and the injured person pursues compensation from that driver’s insurance policy.
The at-fault system matters because it puts the burden on you and your accident attorney to prove the other driver caused the crash. If fault is disputed, your claim can be delayed or denied. That is why evidence matters so much in a Texas car accident case.
How Texas Fault Laws Work
The core rule is in Texas Civil Practice and Remedies Code § 33.001. It says:
A claimant may not recover damages if his percentage of responsibility is greater than 50 percent.
That is the 50% bar. If you are 50% or less at fault, you can still recover. If you are 51% or more at fault, you recover nothing. This is called modified comparative negligence, or proportionate responsibility. The jury assigns a percentage of fault to each party under CPRC § 33.003. The statute also allows the defendant to designate a responsible third party under § 33.004 if someone else contributed to the crash.
The practical effect is that fault in a Texas car accident case is rarely all-or-nothing. The other side will try to shift as much blame onto you as possible to reduce what their insured owes. Your lawyer’s job is to push back with evidence that the other driver was more at fault.
What Happens When Insurance Limits Are Not Enough
Texas requires drivers to carry minimum liability insurance. Under Texas Department of Insurance rules, the current minimums are:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage
Those numbers are often far too low for a serious crash. If your medical bills, lost wages, and other damages exceed the at-fault driver’s policy limits, the insurance company will not pay more than the policy allows. At that point, you have options.
First, your own uninsured/underinsured motorist coverage may apply. Texas insurers must offer UM/UIM coverage, and you can only reject it in writing. Texas Insurance Code § 1952.104 governs that requirement. If the at-fault driver’s limits are exhausted, your UIM coverage can pay the difference up to your policy limit.
Second, you can sue the at-fault driver directly for negligence. A judgment can reach the driver’s personal assets, not just the insurance policy. Whether that is worth pursuing depends on the driver’s assets and whether they have other insurance. Texas law limits wage garnishment and protects homesteads from most judgments, so collection can be difficult if the driver has no assets. Your lawyer can investigate that before you decide.
The Texas Supreme Court addressed the UIM process in Brainard v. Trinity Universal Insurance Co., 216 S.W.3d 809 (Tex. 2006). The Court held that a UIM insurer is under no contractual duty to pay benefits until the insured obtains a judgment establishing the liability and underinsured status of the other motorist. That means if you want to pursue UIM benefits, you generally need to establish the at-fault driver’s liability and your damages first.
How Fault Is Determined in a Houston Car Accident Case
Fault in a Houston car accident is determined by evidence. The more evidence you have that the other driver caused the crash, the harder it is for the insurance company to shift blame onto you. The evidence that matters most includes:
- The police crash report, which records the officer’s observations and contributing factors
- Photos of vehicle damage, skid marks, debris, and the scene
- Dashcam or nearby security footage showing the crash
- Witness statements from people who saw what happened
- Medical records linking your injuries to the crash
- Cell phone records if distracted driving is suspected
- Event data from the vehicles showing speed and braking
- Accident reconstruction analysis in complex cases
Your lawyer will present this evidence to show how the other driver was negligent and how your own conduct did not cause the crash. In some cases, testimony from law enforcement officers or accident reconstruction experts can help establish fault.
How Comparative Negligence Can Impact Your Compensation
If you are found partly at fault, your recovery is reduced by your share. If you are seeking $100,000 and you are found 20% at fault, your recovery is reduced by $20,000 and you receive $80,000. If you are found 50% at fault, you receive half. If you are found 51% at fault, you receive nothing.
A Texas case shows how the 50% line works in a car accident. In University of Texas at El Paso v. Nava, 710 S.W.2d 748 (Tex. App.-El Paso 1986, writ ref’d n.r.e.), a jury found both the plaintiff and the defendant 50% negligent for an automobile accident. The jury also determined the plaintiff’s total damages were $160,000. The trial court deducted $80,000, which was 50% of the total damages, and entered judgment for the remaining $80,000. The court of appeals affirmed, holding that the plaintiff’s percentage of negligence is multiplied by the total damages found by the jury, and that amount is then deducted from the recovery.
Had the plaintiff in that case been found 51% at fault instead of 50%, she would have recovered nothing. That is why minimizing your percentage of fault is central to a Texas car accident claim. It is not enough to prove the other driver was negligent. You also have to defend against the argument that you contributed to the crash.
Do You Have More Questions about Texas Fault Laws?
If you or a loved one was injured in a Houston car accident, you do not have to figure out the at-fault system on your own. Attorney Steve Lee can review your crash, identify the responsible parties, and explain how fault is likely to be allocated in your case. The consultation is free, and there is no obligation to move forward. Call today to talk through your questions and find out what comes next.