Texas car accident claims: deadlines, fault rules and insurance, explained
Home › Guides › Fault & Evidence
Texas Accident Resource
How Texas apportions responsibility between drivers, what the 50 percent ceiling actually does to a recovery, and which evidence decides where the percentage lands.
The short answer
Texas bars recovery entirely if your share of responsibility is greater than 50 percent. At 50 percent or below you recover, reduced by your percentage. That cliff edge is why fault evidence matters more here than in states with a pure comparative rule.
In this guide
The 51% bar
A claimant may not recover damages if his percentage of responsibility is greater than 50 percent. If you are not barred, the court reduces damages by a percentage equal to your responsibility, then subtracts the dollar value of any settlements already taken.
| Your share of fault | Recovery on $100,000 | Effect |
|---|---|---|
| 0% | $100,000 | Full recovery |
| 25% | $75,000 | Reduced by your share |
| 50% | $50,000 | Still recovers — the bar has not been crossed |
| 51% | Nothing | Barred entirely |
Tex. Civ. Prac. & Rem. Code § 33.001, § 33.012(a), (b).
How fault is argued
Because the difference between 50 and 51 percent is the difference between a payment and nothing, an insurer has a strong incentive to move the number. None of these arguments are unusual.
Not necessarily above the limit — travelling too fast for the conditions is enough to support an allocation.
A general assertion that you should have seen and reacted sooner. Hard to disprove without video or an independent witness.
Standard in every rear-end claim, and the reason brake-light function is worth photographing.
Phone records, in-car systems and passenger accounts are all used here.
Not a fault argument so much as a causation one, but it lands in the same place: less of the harm is attributed to this crash.
A statement at the scene or in a recorded interview, quoted back. “I didn’t see them” does a lot of work for an adjuster.
The evidence
Roughly in order of how persuasive it is, and inversely in order of how long it survives.
The officer’s diagram, narrative and contributing-factor codes. Filed within ten days. Influential, but an officer’s assessment is not a legal finding and binds nobody.
Vehicle rest positions before anything is moved are the single most useful thing a non-expert can capture.
The most persuasive category and the fastest to become unreachable. Numbers taken at the scene, or nothing.
Dashcam, doorbell and business CCTV. Nearby CCTV is routinely overwritten within days, so a written preservation request has to go out immediately.
Event data recorders can hold pre-crash speed, throttle and braking — but only while the vehicle exists in its post-crash state.
They establish causation and severity. Treatment gaps are used to attack both.
How fast it disappears
| Evidence | Typical survival |
|---|---|
| Business CCTV | Days — often overwritten within a week |
| Vehicle rest positions | Minutes |
| Witness availability | Weeks, then declining sharply |
| Event data recorder | Until the vehicle is repaired or salvaged |
| Dashcam footage | Until the loop overwrites it |
| CR-3 report | About ten years plus the current year, at TxDOT |
Tex. Transp. Code § 550.062(b), § 550.065(d); Tex. Civ. Prac. & Rem. Code § 16.003.
Common questions
It is a rule that reduces your damages by your share of responsibility and bars recovery entirely above a threshold. Texas sets that threshold at more than 50 percent, so a claimant exactly 50 percent at fault still recovers half.
Ultimately a jury, if the case is tried. In practice adjusters and lawyers negotiate against their prediction of what a jury would do, which is why the evidence assembled early shapes the settlement.
No. A contributing-factor code on a CR-3 is the investigating officer’s assessment, not a legal determination, and it is not binding. It is influential evidence, and it is often the starting point for the argument.
Yes, provided your share is not greater than 50 percent. Your damages are reduced by your percentage. Above 50 percent, Texas bars recovery entirely.
Photograph before anything moves, take witness numbers at the scene, request nearby video in writing within days, and do not have the vehicle repaired or salvaged before anyone has looked at it.
Sources
Every Texas rule stated here is taken from the primary source named below. The Texas statutes are published free by the Texas Legislative Council.
Keep reading
The first hour, the first week, and what Texas law requires at the scene.
Which policy responds, and the deadlines your own insurer must meet.
Editorial information
Spotted something wrong or out of date? We correct errors and log the change. See our correction policy and about page.
Next steps
Read the Texas rules that apply, or see how a request for attorney review works. General information only, not legal advice.
Texas-specific information on crash deadlines, fault rules and insurance, with the statute cited on every page. Operated by National Claim Network. Not a law firm, insurer, or government agency.
This is attorney advertising. National Claim Network is a marketing and lead generation service that connects individuals with licensed attorneys. It is not a law firm, an insurance company, or a government agency, is not affiliated with or endorsed by the State of Texas, TxDOT, the Texas Department of Insurance or the State Bar of Texas, and it does not provide legal advice or legal representation. Nothing on this site creates an attorney-client relationship. Deadlines to file a legal claim vary by state and case type — in Texas the general personal-injury deadline is two years — do not delay in seeking legal advice.
No guarantee, warranty, or prediction of outcome is made. Past results do not guarantee similar results. If representation is offered on a contingency basis, clients may still be responsible for certain costs or expenses as required by the retaining law firm.
Dramatized scenes, symbols, figures, or testimonials are illustrative, not based on actual events, and may feature paid actors or spokespersons. Recoveries vary. “No fee” describes attorney fees; costs may apply. Phrases such as “best” are slogans, not rankings or awards.
Paid independent attorney advertising. National Claim Network connects users with licensed, independently practicing attorneys and law firms who may pay a fee to receive inquiries submitted through this site.
Privacy PolicyTerms of UseLegal DisclaimerCookies PolicyDisclosures
© 2026 National Claim Network. All rights reserved.