You’ve likely heard that you can file for compensation if you were in an accident that wasn’t your fault, but what if it was? Can you claim compensation if you were responsible?
In Texas, the answer is, potentially, yes.
Negligence laws vary by state, and this impacts how much compensation — if any — you’re entitled to.
There are two main types of negligence law: contributory negligence and comparative negligence, with the latter split into two further categories — pure comparative and modified comparative. There is one further type for a single state in the U.S., which we’ll dig into below.
See if you can recover compensation even if you’re partly at fault for your accident. Our San Antonio and McAllen personal injury lawyer can explain your right to claim and fight for maximum compensation from the party majorly responsible for your injuries. Click to book a free case review with our experienced attorney and find out where you stand.
Texas is a modified comparative state, which means that you can claim compensation if you are less than 51% at fault for your accident.
We look at the different types of negligence law, the negligence laws by state, and how these affect your ability to file a personal injury claim.
Want to see our graphic on the negligence laws by state? Jump there now!
What Are the Different Negligence Laws?
Contributory Negligence
Contributory negligence laws prevent plaintiffs from recovering compensation if they were at all at fault for their accident or injury — even if another party was negligent. The best way to illustrate this is with an example. Imagine you’re a pedestrian crossing a road. You fail to check for traffic before crossing or dart over the road instead of waiting for a stoplight. This causes you to get run over and sustain injuries. In a state with contributory negligence laws, you wouldn’t be able to claim compensation because your actions were negligent. It wouldn’t matter if the driver was speeding, distracted, or even intoxicated. The fact that you were partly at fault — and that you could have avoided the incident more likely than not if you hadn’t crossed the road the way you did — is enough to bar the possibility of recovering compensation entirely.
This can lead to potentially harsh outcomes, especially if an individual ends up with permanent, life-altering injuries resulting from a minor negligent action. As a result, contributory negligence has been criticized as archaic and unreasonable, even as early as 1957. However, several states still implement this negligence law.
See which states have contributory negligence laws.
Comparative Negligence
Comparative negligence laws allow plaintiffs to pursue compensation for damages, even if they were at fault.
There are two types of comparative negligence: pure and modified. Whether or not you can claim when you’re at fault depends on the type of comparative negligence adopted by the legislature. The amount of compensation you can receive will vary accordingly.
Pure Comparative Negligence
Pure comparative negligence is, in essence, the direct opposite of contributory negligence. In states with this negligence law, individuals injured in an accident can pursue compensation if the other party was negligent, even if the plaintiff was majorly at fault.
The amount of compensation you can receive will be reduced based on how much you are at fault. For example, if you are involved in a car accident that was 80% your fault, your compensation would be reduced by 80%, allowing you to claim the remaining 20% from the other party.
Modified Comparative Negligence
Modified comparative negligence is similar to pure comparative negligence. It allows plaintiffs to file a personal injury claim if they are partly responsible for their accident — but only if their fault falls beneath a set threshold.
The fault cap for states with modified comparative negligence laws varies between 50% and 51%, which means that you can only recover compensation if you are 49% or less or 50% or less at fault respectively.
The majority (33) of U.S. states have modified comparative negligence laws, with 23 following a 51% threshold and 10 having a 50% cap.
See which states have comparative negligence laws.
What Are the Negligence Laws by State?
Hover over a state in the map below to see which negligence law applies in personal injury claims.
Alternatively, click here to see each state in a table, along with the statute or precedent that establishes each negligence law.
Made with Visme
Which States Have Contributory Negligence Laws?
Given the perceived antiquated and unfair nature of contributory negligence laws. Just five states adopt this negligence law:
- Alabama
- District of Columbia (D.C.)
- Maryland
- North Carolina
- Virginia.
Which States Have Pure Comparative Negligence Laws?
Twelve states enforce the most generous negligence law, where accident victims can recover compensation if they are found between 1% and 99% responsible for their injuries.
These states are:
- Alaska
- Arizona
- California
- Florida
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- Washington.
Which States Have Modified Comparative Negligence Laws?
The remaining states — bar South Dakota — adopt modified comparative negligence laws, enabling a personal injury claim if the fault threshold falls below a specific percentage.
There are 33 modified comparative negligence states, split into two categories: those that award compensation to victims who are less than 50% at fault and those that enable victims to receive a payout if they are less than 51% liable.
The 10 states that allow injury victims to recover compensation if they are less than 50% at fault for their accident are:
- Arkansas
- Colorado
- Georgia
- Idaho
- Kansas
- Maine
- Nebraska
- North Dakota
- Tennessee
- Utah.
The remaining states use the 51% rule, meaning victims cannot recover compensation if they are 51 % or more at fault. In other words, even if a jury finds a plaintiff (the person bringing the claim) and defendant (the person or party you allege is responsible for your accident and injuries) each 50% liable, the plaintiff can still receive 50% of the judgment awarded.
Texas has this comparative negligence law, as do 22 other states, resulting in a total of 23 modified comparative negligence states with a threshold of 51%. They are:
- Connecticut
- Delaware
- Hawaii
- Illinois
- Indiana
- Iowa
- Massachusetts
- Michigan
- Minnesota
- Montana
- Nevada
- New Hampshire
- New Jersey
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- Texas
- Vermont
- West Virginia
- Wisconsin
- Wyoming.
Slight-Gross Negligence Comparative
Just one state, South Dakota, does not follow either contributory comparative or comparative negligence laws. Instead, it has its own type of negligence law, called slight-gross negligence comparative. This law states that individuals can recover compensation if their fault was “slight” and the other party’s fault was “gross.” If the plaintiff’s fault is slight in comparison to the negligence of the other party, compensation will be reduced accordingly.
If it’s not clear that there is a distinction between the plaintiff’s fault and the other party’s fault, the plaintiff cannot recover any damages.
In practice, this negligence law is effectively a hybrid between contributory and comparative negligence. But what constitutes “slight”?
In one South Dakota Supreme Court case, a plaintiff was involved in an auto collision with a train and pursued a personal injury claim against three parties. Combined, the defendants were found to be at 70% fault, with the plaintiff 30% responsible for — among other things — failing to see the train and failing to brake or take other evasive action.
For this case, “slight” was defined as “small of its kind or in amount; scanty; meager”, and the test for determining this was to compare it with the negligence of all defendants. The Supreme Court ultimately stated that a “finding of 30% contributory negligence is more than slight in comparison”.
Statutes and Negligence Laws by State Chart
| State | Negligence Law | Statute or Precedent | What It Means for You |
| Alabama | Contributory negligence | Alabama Rules of Civil Procedure | Plaintiffs can’t recover compensation if they are partly responsible for their accident. |
| Alaska | Pure comparative negligence | Alaska Statute | Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| Arizona | Pure comparative negligence | Arizona Revised Statutes | Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| Arkansas | Modified comparative negligence: 50% rule | Arkansas Code Annotated | Plaintiffs can’t recover compensation if they are found 50% or more at fault. |
| California | Pure comparative negligence | Li v. Yellow Cab Co., 13 Cal.3d 804, 532 P.2d 1226 (1975) | Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| Colorado | Modified comparative negligence: 50% rule | Colorado Revised Statutes | Plaintiffs can’t recover compensation if they are found 50% or more at fault. |
| Connecticut | Modified comparative negligence: 51% rule | Connecticut General Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Delaware | Modified comparative negligence: 51% rule | Delaware Code | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| District of Columbia (D.C.) | Contributory negligence | Wingfield v. People’s Drug Store, 379 A.2d 685 (1977) | Plaintiffs can’t recover compensation if they are partly responsible for their accident. |
| Florida | Pure comparative negligence | Florida Statutes | Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| Georgia | Modified comparative negligence: 50% rule | Georgia Code | Plaintiffs can’t recover compensation if they are found 50% or more at fault. |
| Hawaii | Modified comparative negligence: 51% rule | Hawaii Revised Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Idaho | Modified comparative negligence: 50% rule | Idaho Code | Plaintiffs can’t recover compensation if they are found 50% or more at fault. |
| Illinois | Modified comparative negligence: 51% rule | Illinois Compiled Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Indiana | Modified comparative negligence: 51% rule | Indiana Code | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Iowa | Modified comparative negligence: 51% rule | Iowa Code | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Kansas | Modified comparative negligence: 50% rule | Kansas Statutes Annotated | Plaintiffs can’t recover compensation if they are found 50% or more at fault. |
| Kentucky | Pure comparative negligence | Kentucky Revised Statutes | Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| Louisiana | Pure comparative negligence | Louisiana Civil Code | Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| Maine | Modified comparative negligence: 50% rule | Maine Revised Statutes | Plaintiffs can’t recover compensation if they are found 50% or more at fault. |
| Maryland | Contributory negligence | Garrett County Maryland v. Bell Atlantic, 695 A.2d 171 (1977) | Plaintiffs can’t recover compensation if they are partly responsible for their accident. |
| Massachusetts | Modified comparative negligence: 51% rule | General Laws of Massachusetts | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Michigan | Modified comparative negligence: 51% rule | Michigan Compiled Laws | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Minnesota | Modified comparative negligence: 51% rule | Minnesota Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Mississippi | Pure comparative negligence | Mississippi Code Annotated | Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| Missouri | Pure comparative negligence | Missouri Revised Statutes
Section 537.765 and Gustafson v. Benda, 661 S.W.2d 11 (1983) |
Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| Montana | Modified comparative negligence: 51% rule | Montana Code Annotated | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Nebraska | Modified comparative negligence: 50% rule | Nebraska Revised Statute | Plaintiffs can’t recover compensation if they are found 50% or more at fault. |
| Nevada | Modified comparative negligence: 51% rule | Nevada Revised Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| New Hampshire | Modified comparative negligence: 51% rule | New Hampshire Revised Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| New Jersey | Modified comparative negligence: 51% rule | New Jersey Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| New Mexico | Pure comparative negligence | New Mexico Statutes Annotated | Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| New York | Pure comparative negligence | New York Civil Practice Law & Rules | Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| North Carolina | Contributory negligence | Smith v. Fiber Controls Corp., 268 S.E.2d 504 (1980) | Plaintiffs can’t recover compensation if they are partly responsible for their accident. |
| North Dakota | Modified comparative negligence: 50% rule | North Dakota Century Code | Plaintiffs can’t recover compensation if they are found 50% or more at fault. |
| Ohio | Modified comparative negligence: 51% rule | Ohio Revised Code | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Oklahoma | Modified comparative negligence: 51% rule | Oklahoma Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Oregon | Modified comparative negligence: 51% rule | Oregon Revised Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Pennsylvania | Modified comparative negligence: 51% rule | Pennsylvania Consolidated Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Rhode Island | Pure comparative negligence | Rhode Island General Laws | Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| South Carolina | Modified comparative negligence: 51% rule | Ross v. Paddy, 340 S.C. 428, 532 S.E.2d 612 (2000) | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| South Dakota | Slight-gross negligence comparative | South Dakota Codified Laws | Plaintiffs can recover compensation if their fault was “slight” and the other party’s fault was “gross.” |
| Tennessee | Modified comparative negligence: 50% rule | McIntyre v. Balentine, 833 S.W.2d 52 (1992) | Plaintiffs can’t recover compensation if they are found 50% or more at fault. |
| Texas | Modified comparative negligence: 51% rule | Texas Civil Practice and Remedies Code | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Utah | Modified comparative negligence: 50% rule | Utah Code Annotated | Plaintiffs can’t recover compensation if they are found 50% or more at fault. |
| Vermont | Modified comparative negligence: 51% rule | Vermont Statutes Annotated | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Virginia | Contributory negligence | Baskett v. Banks, 45 S.E.2d 173 (1947) | Plaintiffs can’t recover compensation if they are partly responsible for their accident. |
| Washington | Pure comparative negligence | Revised Code of Washington | Plaintiffs can’t recover compensation if they are solely liable for an accident. |
| West Virginia | Modified comparative negligence: 51% rule | West Virginia Code | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Wisconsin | Modified comparative negligence: 51% rule | Wisconsin Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
| Wyoming | Modified comparative negligence: 51% rule | Wyoming Statutes | Plaintiffs can’t recover compensation if they are found 51% or more at fault. |
Filing a Personal Injury Claim in Texas
As the Texas legislature follows the modified comparative negligence law, plaintiffs can recover compensation if they are found 50% or less at fault for their accident. This is also known as the “51% rule”, as individuals cannot claim if they are 51% or more responsible.
A court hearing will determine the percentage of fault of each party. During this hearing, the court will consider the actions of all parties and the extent to which they contributed to the accident.
To ensure the outcome is in your favor, having an experienced lawyer advocate for you is crucial. Your Texas personal injury lawyer will gather and present evidence to support your version of events, make your case, and prevent the other party(s) from ascribing more fault to you.
Have you been in an accident in Texas that was your fault? Our personal injury lawyers in McAllen and San Antonio can advise you on whether you can claim compensation and how much you might be entitled to. For a no-obligation review of your accident, contact our experienced personal injury attorneys today.
