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The Texas 51% rule, explained: how proportionate responsibility works

What Texas Civil Practice and Remedies Code chapter 33 says about shared responsibility for an injury, who is assigned a percentage, how a percentage reduces or bars a recovery, and when a defendant is jointly liable, with percentage-only examples and official sources as of October 2026.

5 min readPublished October 22, 2026Last updated October 22, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas divides responsibility for an injury among the people involved, in whole percentages. A claimant whose share is greater than 50 percent may not recover damages (Civ. Prac. & Rem. Code §33.001); a claimant at 50 percent or less may recover, but the damages are reduced by the claimant's own percentage (§33.012). Because percentages are whole numbers, the bar starts at 51 percent, which is where the name "51% rule" comes from.

This guide explains Chapter 33 in general terms, with the official text linked for each rule and examples that use percentages only. It is general informational guidance and is not legal advice; it says nothing about who was responsible in any particular crash.

Key facts (as of 2026-10-22)

  • The bar. A claimant may not recover damages if the claimant's percentage of responsibility is greater than 50 percent (§33.001).
  • Whole numbers. The trier of fact states each percentage of responsibility in whole numbers (§33.003(a)).
  • The reduction. A claimant who is not barred has the damages reduced by a percentage equal to the claimant's percentage of responsibility (§33.012(a)).
  • Who gets a percentage. Each claimant, each defendant, each settling person and each designated responsible third party (§33.003(a)).
  • Joint liability above 50 percent. A liable defendant found more than 50 percent responsible is jointly and severally liable for the damages the claimant may recover (§33.013(b)).
  • Where it applies. Chapter 33 applies to tort claims, including negligence claims after a car crash, and to certain consumer-protection claims (§33.002).

What is the Texas 51% rule?

Chapter 33 of the Civil Practice and Remedies Code is titled "Proportionate Responsibility." Its first rule is short: in an action to which the chapter applies, "a claimant may not recover damages if his percentage of responsibility is greater than 50 percent" (§33.001). The chapter requires percentages to be stated in whole numbers (§33.003(a), §33.011(4)), so the lowest percentage that bars recovery is 51 percent.

Systems like this one, where a claimant's own share reduces a recovery and a large enough share bars it, are often called "modified comparative fault." The Texas statute itself uses the term "proportionate responsibility."

Who is assigned a percentage of responsibility?

The trier of fact (the jury, or the judge when there is no jury) determines a percentage of responsibility for each of the following, for each cause of action (§33.003(a)):

  • each claimant (the person seeking damages);
  • each defendant;
  • each settling person (someone who has paid or promised to pay the claimant because of potential liability for the harm, as defined in §33.011(5)); and
  • each responsible third party designated under §33.004.

The percentage covers each person's role in "causing or contributing to cause in any way" the harm, whether by a negligent act or omission, a defective product, or other conduct that violates an applicable legal standard. The question may be submitted to a jury only if there is sufficient evidence to support it (§33.003(b)).

What is a responsible third party?

A responsible third party is a person alleged to have caused or contributed to causing the harm (§33.011(6)). A defendant may ask the court for leave to designate one by motion, filed on or before the 60th day before the trial date unless the court finds good cause to allow a later filing (§33.004(a)). Other parties may object within 15 days after the motion is served (§33.004(f)). A designated responsible third party receives a percentage, which can affect every other person's share.

How does a percentage change a recovery?

If the claimant is not barred, the court reduces the damages by a percentage equal to the claimant's own percentage of responsibility (§33.012(a)). These examples show how the rule works with percentages only; they describe the statute, not any real crash:

Claimant's percentageEffect under Chapter 33
0 percentNo reduction for the claimant's own share
20 percentDamages reduced by 20 percent
50 percentNot barred; damages reduced by 50 percent
51 percent or moreBarred: the claimant may not recover damages (§33.001)

If the claimant has settled with one or more persons, the court further reduces the damages by the sum of the dollar amounts of all settlements (§33.012(b)). Health care liability claims have their own election rule (§33.012(c)).

How much is each defendant responsible for paying?

In general, a liable defendant is liable to the claimant only for the share of the damages equal to that defendant's own percentage of responsibility (§33.013(a)). There are two exceptions in §33.013(b): a defendant whose percentage is greater than 50 percent, and a defendant who acted in concert with another person, with specific intent to do harm, to commit certain listed crimes. Either kind of defendant is also jointly and severally liable for the damages the claimant may recover, which means that defendant can be responsible for more than its own share.

When does Chapter 33 apply?

Chapter 33 applies to any cause of action based on tort, and to certain actions under the Deceptive Trade Practices-Consumer Protection Act, in which a defendant, settling person or responsible third party is found responsible for a percentage of the harm (§33.002(a)). It does not apply to an action to collect workers' compensation benefits, to a claim for exemplary damages, or to the other actions listed in §33.002(c).

Negligence is a tort, and §33.003 names a "negligent act or omission" as one of the kinds of conduct the percentages measure, so the chapter reaches negligence claims arising from car, truck, bicycle and pedestrian crashes. Our guides to pedestrian accidents in Houston and bicycle accidents in Houston describe the traffic rules that often come up when responsibility is shared.

What the percentages are not

  • Not set by a police report. A crash report records what an officer observed and noted; Chapter 33 percentages are determined by the trier of fact in a case (§33.003). See how to get a crash report in Houston.
  • Not chosen by any party. Each side can argue for percentages, but the trier of fact decides them from the evidence.
  • Not a prediction. Nothing in this guide says what percentage anyone would be assigned.

Related Houston information

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Frequently asked questions

What is the 51% rule in Texas?
Under Texas Civil Practice and Remedies Code §33.001, a claimant may not recover damages if the claimant's percentage of responsibility is greater than 50 percent. Because percentages are stated in whole numbers (§33.003), the bar begins at 51 percent, which is why it is often called the 51% rule.
Can a person who was partly responsible for a crash still recover in Texas?
Chapter 33 allows recovery when the claimant's percentage of responsibility is 50 percent or less. Under §33.012(a), the court reduces the damages by a percentage equal to the claimant's percentage of responsibility. The percentages in a case are decided by the trier of fact.
What happens if a claimant is found exactly 50 percent responsible?
Section 33.001 bars recovery only when the claimant's percentage is greater than 50 percent. At 50 percent the claimant is not barred, and under §33.012(a) the damages are reduced by 50 percent.
Who decides the percentages of responsibility in Texas?
Under §33.003, the trier of fact (the jury, or the judge when there is no jury) determines the percentage of responsibility for each claimant, each defendant, each settling person and each designated responsible third party, stated in whole numbers.
What is a responsible third party under Chapter 33?
Section 33.011 defines a responsible third party as a person alleged to have caused or contributed to causing the harm. Under §33.004, a defendant may ask the court for leave to designate one, generally by a motion filed on or before the 60th day before the trial date.

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