TX: Why a Settled-Out Defendant Still Gets a Percentage

Two separate questions share the same 50% line in Texas — one decides if you recover at all, the other decides who foots the bill.

A second, separate use for the 50% line

Beyond the familiar comparative responsibility bar, CPRC § 33.013 uses a 50% threshold for a genuinely different purpose: deciding whether joint and several liability applies to a given defendant at all. A defendant whose own responsibility is 50% or less generally pays only that percentage of the damages — not a co-defendant's share as well.

What happens above 50%

Once a defendant's own responsibility exceeds 50% of the total, this several-only protection falls away under § 33.013(b)(1). That defendant can be held jointly and severally liable, meaning a plaintiff could potentially collect the entire judgment from that one defendant, regardless of what other defendants contributed to the total fault.

A genuinely important detail: settling parties still count

Under CPRC § 33.003, fault can be apportioned to a person who has already settled out of the case before trial. This matters in practice: that settling party's percentage is still subtracted from the total when figuring out what the remaining, non-settling defendants actually owe, even though the plaintiff's claim against the settling party was already resolved separately.

Seat belts: a factor, not an automatic bar

A claimant's failure to wear a seat belt doesn't automatically bar a Texas car accident claim, though it can be considered as a relevant factor within the overall fault analysis under the proportionate responsibility framework.

Two different percentages, two different questions

It's worth keeping these separate: the plaintiff's own recovery is governed by the 51% proportionate responsibility bar — a question of whether the plaintiff recovers anything at all. The 50% liability threshold under § 33.013 is an entirely different mechanism, addressing how a judgment against multiple defendants actually gets divided up once liability has already been established.

Who ultimately decides

If a case goes to trial, the jury determines both the plaintiff's responsibility percentage and each defendant's individual share under this framework. In the far more common scenario of a negotiated settlement, the parties and their insurers effectively work out these same questions between themselves. See our Texas comparative negligence calculator to see how sharply the plaintiff's own recovery changes on either side of the 51% line.

How fault is assigned in Texas — frequently asked questions

What does Texas's 50% liability threshold actually decide?

Whether a given defendant is protected from joint and several liability. A defendant whose own responsibility is 50% or less generally pays only that percentage of the damages.

What happens once a defendant's responsibility exceeds 50%?

That several-only protection falls away. Under CPRC section 33.013(b)(1), that defendant can be held jointly and severally liable, meaning they could be responsible for the full judgment.

Why does it matter that a settling defendant can still be assigned fault?

Because that percentage is still subtracted from the total when calculating what the remaining, non-settling defendants owe, even though the plaintiff already resolved their claim against the settling party separately.

Does seat belt non-use automatically bar a Texas car accident claim?

No. It doesn't automatically bar a claim, though it can be a relevant factor considered as part of the overall fault analysis.

Who ultimately decides fault percentages in a Texas claim?

The jury, if a case goes to trial, applying the proportionate responsibility framework. In a negotiated settlement, the parties and their insurers effectively work out this same comparison between themselves.

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