FAQ: What is Modified Comparative Fault?

Texas is a Modified Comparative Fault state.

An injured person who seeks compensation must prove that the other party is at fault. If more than one person is at fault for the injuries, each party is responsible for compensating the injured person based upon the percentage of responsibility.

If the injured party is partially responsible for her own injuries, the recovery is reduced by the percentage of her fault.

If the injured party bears 51% or more of the responsibility for his injuries, he cannot recover any compensation.

In Texas, this prevents Plaintiffs who bear most of the responsibility for their injuries from collecting from those who might only be partially responsible for the accident.

A Defendant may in fact be responsible for an accident, but might not be held liable due to actions of the Plaintiff. For instance, the Defendant might have caused an accident, but the Plaintiff is responsible for his injuries because he failed to wear a seatbelt.