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Texas Comparative Negligence Calculator (51% Bar)

Texas only cuts you off once your fault exceeds 50% — and uses that same halfway line to decide whether a defendant pays just their share, or the whole judgment.

Proportionate responsibility, 51% bar FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Where does your fault percentage land?

Enter your estimated damages and your best estimate of your own share of fault. In Texas, exactly where you land relative to 50% and 51% changes everything.

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Texas's rule: barred above 50%, officially "proportionate responsibility"

Under CPRC § 33.001, a claimant may not recover damages if their percentage of responsibility is greater than 50%. Below that line, damages are reduced in proportion to the claimant's own percentage of fault, under § 33.012.

Worked example

Someone with $100,000 in damages, found 49% at fault, recovers $51,000. That same person, found exactly 50% at fault instead, still recovers $50,000. Found at 51%, that same person recovers nothing at all.

A genuinely distinctive liability rule: the same 50% line, used twice

Texas uses the 50% threshold for a second purpose beyond the recovery bar. Under CPRC § 33.013, each defendant is generally liable only for their own percentage of responsibility — but a defendant found more than 50% responsible can still be held jointly and severally liable for the entire judgment, not just their own share. See our full guide to how fault and liability work together in Texas for more on this.

Settling parties still count

Under CPRC § 33.003, fault can be apportioned among all relevant parties, including someone who has already settled out of the case — a settlement doesn't erase that person's share of responsibility from the overall comparison.

Texas comparative negligence — frequently asked questions

Does Texas use a 50% or 51% bar for comparative negligence?

A 51% bar, officially called proportionate responsibility. Under CPRC section 33.001, a claimant may not recover damages if their percentage of responsibility is greater than 50%.

What happens if I'm found 51% at fault in Texas?

You recover nothing. Texas bars recovery entirely once the claimant's responsibility exceeds 50%.

Does Texas use joint and several liability for every defendant?

No, and this depends on each defendant's own fault level. Under CPRC section 33.013, a defendant is generally liable only for their own percentage, unless that defendant is found more than 50% responsible.

What happens if a defendant is found more than 50% responsible in Texas?

That defendant can be held jointly and severally liable for the entire judgment, not just their own proportional share.

Can a settling defendant still be assigned a percentage of fault in Texas?

Yes. Under CPRC section 33.003, fault can be apportioned to a person who has already settled out of the case, which can affect what remains recoverable from the other parties.

Texas personal injury tools & guides

Pure vs. Modified Comparative NegligenceWhere Texas's 51% bar sits nationally States That Use a 51% Fault BarTexas's peer group How Fault and Liability Work TogetherThe 50% liability threshold, and settling parties Texas Statute of LimitationsHow long you actually have to file

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Texas statute (CPRC § 33.001, § 33.003, § 33.012, § 33.013) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Texas attorney before acting.