Short answer
Yes. Texas is an at-fault state: the driver responsible for a crash is liable for the damage, usually through their liability insurance. When fault is shared, Texas uses a 51% bar — you can recover if you were 50% or less responsible, reduced by your percentage, but nothing from the other driver if you were more than 50% responsible (Civil Practice and Remedies Code §§33.001, 33.012).
What “at-fault state” means
In an at-fault state, the person who caused the crash is responsible for the harm it caused. Every Texas driver must carry liability insurance of at least $30,000 per injured person, $60,000 per crash for injuries, and $25,000 for property damage (Transportation Code §601.072). That policy is what usually pays the people hurt in a crash its driver caused.
No-fault states work differently — each driver’s own policy pays their medical bills first and lawsuits are restricted. Texas isn’t one of them. Texas policies do include PIP, a no-fault benefit that pays your own medical bills and lost income regardless of who caused the crash, unless you rejected it in writing (Insurance Code §§1952.152, 1952.155). See how PIP works.
The 51% rule: when both drivers share the blame
Many crashes aren’t 100% one driver’s fault. Texas handles shared fault with proportionate responsibility:
- If you were 50% or less responsible, you can still recover — but your damages are reduced by your percentage of responsibility (§33.012).
- If you were more than 50% responsible, you can’t recover damages from the other driver at all (§33.001).
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Who decides fault?
Insurance companies make their own fault decisions when they handle a claim. If the case goes to court, a judge or jury assigns percentages of responsibility.
The police crash report (CR-3) doesn’t decide legal fault, but insurers lean on it heavily — the diagram, the officer’s narrative, the contributing factors, and any citations. That’s why it’s worth getting your report and checking it for mistakes.
How fault decides which insurance pays
- The other driver was at fault: claim against their liability insurance for your medical bills, lost income, and vehicle damage.
- You were partly at fault: you may still recover from their insurer, reduced by your share — and they may claim against your liability coverage for theirs.
- The at-fault driver had no insurance or drove off: your own uninsured motorist coverage may pay (uninsured drivers).
- No matter who was at fault: your PIP pays your medical bills and lost income up to its limit.
Frequently asked questions
Is Texas a no-fault state for car accidents?
No. Texas is an at-fault state — the driver who caused the crash is responsible, usually through liability insurance. Texas policies do include PIP, which pays your own medical bills regardless of fault unless you rejected it in writing.
Can I recover damages if I was partly at fault in Texas?
Yes, if you were 50% or less responsible. Your recovery is reduced by your percentage. If you were more than 50% responsible, you can’t recover from the other driver (Civil Practice and Remedies Code §33.001).
What is the 51% rule in Texas?
It’s Texas’s modified comparative fault rule: a person more than 50% responsible for their own harm — 51% or more — can’t recover damages. At 50% or less, damages are reduced by their share.
Does a traffic ticket mean I was at fault?
Not automatically. A citation is evidence insurers weigh, but fault for a claim is decided by the insurers — or ultimately a court — based on all the evidence.
Texas law and sources cited
- Tex. Civ. Prac. & Rem. Code §33.001 — no recovery above 50% responsibility
- Tex. Civ. Prac. & Rem. Code §33.012 — damages reduced by your share of fault
- Tex. Transp. Code §601.072 — minimum liability insurance (30/60/25)
- Tex. Ins. Code §1952.152 — PIP must be included unless rejected in writing
- Tex. Ins. Code §1952.155 — PIP paid regardless of fault or other coverage
General information, not legal advice. DFW Crash Data is not a law firm, and every situation is different — for advice about your own claim, talk to a licensed Texas attorney. Laws change; the sources above were checked on the date shown at the top of this page.