TEXAS AUTO INSURANCE GUIDE
Texas Proportionate Responsibility & the 51% Bar
Texas uses proportionate responsibility under Civil Practice and Remedies Code Chapter 33. Section 33.001 bars recovery when a claimant’s percentage of responsibility is greater than 50%. At 50% or less, recoverable damages are reduced by the claimant’s percentage of responsibility.
- A claimant at exactly 50% responsibility may recover 50% of otherwise recoverable damages.
- Responsibility may be allocated among claimants, defendants, settling persons and properly designated responsible third parties.
- Preserve physical, electronic and witness evidence relevant to causation and allocation.
- Analyze allocation together with Chapter 33’s settlement-credit and joint-and-several-liability provisions.
Primary Texas Source
Texas Civil Practice & Remedies Code ch. 33
Current-law review: September 16, 2026. Apply Chapter 33 with current Texas appellate authority and the procedural status of settling and responsible third parties.
VictimsGuide 