The more common modified comparative threshold
Among the US states that use some form of modified comparative negligence, a majority use the more forgiving 51% threshold — recovery is barred only once the claimant's fault actually exceeds the defendant's. A smaller group of about 11 states uses a stricter 50% version instead, where recovery is barred at fault merely equal to the other side's.
The 21 states using a 51% bar
Texas's peer group under this more common threshold is: Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Louisiana (for accidents from 2026 onward), Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, and Wyoming.
A shared threshold with a close neighbor
Texas's neighbor Oklahoma also uses the 51% bar, making this a shared rule across that particular state line — even as each state's own surrounding liability rules can genuinely differ.
A genuinely distinctive application, echoed elsewhere in this group
Here's a feature that sets Texas apart from much of this list, though not entirely alone. Texas's Proportionate Responsibility Act uses the 50% threshold for a second purpose: a defendant found more than 50% responsible loses the protection of several-only liability and can be held jointly and severally liable for the entire judgment. South Carolina, another member of this same 51%-bar group, uses a strikingly similar dual-purpose mechanism, also built around a 50% threshold for the liability question.
Why this matters in a disputed claim
Because none of these 21 states bars recovery at an even 50/50 split, a disputed fault percentage near the midpoint still results in meaningful recovery across the group — and in Texas specifically, that same midpoint also determines how a judgment against multiple defendants actually gets divided up. See our full comparison of how Texas's rule fits among all four fault systems for the complete picture.