- If you're found more than 50% responsible for a crash, you recover nothing (§33.001).
- If you're 50% or less responsible, your damages are reduced by your percentage (§33.012).
- A defendant found more than 50% responsible can be liable for all of the damages, not just its share (§33.013).
How fault is divided
Under Chapter 33, the jury assigns a percentage of responsibility to each claimant, each defendant, each settling person and each designated responsible third party. The percentages must add up to 100%.
Worked example
| Finding | Result |
|---|---|
| Damages: $500,000. Trucking company 80%, claimant 20% | Claimant recovers $400,000. The company is over 50%, so it's jointly and severally liable. |
| Damages: $500,000. Trucking company 45%, broker 35%, claimant 20% | Claimant recovers $400,000, but each defendant is only liable for its own share ($225,000 and $175,000), because neither is over 50%. |
| Damages: $500,000. Trucking company 49%, claimant 51% | Claimant recovers nothing. |
Responsible third parties
A defendant can ask the court to designate a "responsible third party" (§33.004): someone who may have caused or contributed to the harm but isn't a party to the lawsuit, such as another driver or a maintenance shop. The jury can then assign that person a percentage, which can reduce the defendants' shares. The motion generally has to be filed at least 60 days before trial.
Settlements
If one defendant settles, the remaining defendants generally get a credit for the settlement amount against the damages awarded (§33.012(b)).
Why it matters in truck cases
Truck crashes often involve several possible defendants: driver, carrier, broker, shipper, loader, maintenance shop and manufacturer. How fault is split among them affects who pays what. Read who can be liable and shared fault in Texas truck accidents.