Texas Proportionate Responsibility & the 51% Comparative Fault Bar (CPRC Chapter 33)
Summary of the Texas Rule (Tex. Civ. Prac. & Rem. Code §§ 33.001–33.017)
Codifies Texas's modified comparative responsibility system, barring any recovery if a claimant is more than 50% responsible and governing Responsible Third Party (RTP) designations and joint-and-several liability.
Statutory Text Summary & Legal Mechanics
Under Section 33.001, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. Under Section 33.012(a), if the claimant is 50% or less at fault, the court reduces the amount of damages to be recovered by a percentage equal to the claimant's percentage of responsibility. Under Section 33.013, a defendant is liable only for its own percentage of fault unless its fault exceeds 50% (in which case it is jointly and severally liable for all recoverable damages).
Practical Impact on Texas Personal Injury Claims & Jury Trials
Section 33.004 allows a defendant to file a motion to designate a 'Responsible Third Party' (RTP)—including an immune employer, an unknown hit-and-run criminal, or a non-party—at least 60 days before trial, placing that non-party on the jury verdict form to dilute the named defendant's percentage of fault below the 51% joint-and-several threshold.
Mandatory 6-Point Texas Legal Disclaimer & Notice
- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
- 2. No Attorney-Client Relationship: Viewing this website, reading any statutory or procedural guide, or using any interactive calculator, checklist, or reference tool does not create an attorney-client relationship between you and this publisher or any contributor.
- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
- 5. No Guarantee of Results: Statutory damage cap formulas, proportionate responsibility illustrations, and medical bill adjustment examples are mathematical and educational illustrations only. They do not predict, warrant, or guarantee any specific verdict, settlement amount, or legal outcome in any Texas court.
- 6. Independent Reference Portal — Not a Law Firm: Texas Injury Law Reference is an independent legal education publication. We are not a law firm, do not practice law, do not solicit clients, and do not operate as an attorney referral service.