Allocation of Fault

Definition

Allocation of fault is the process by which responsibility for an accident is distributed among all parties who contributed to causing it, including the plaintiff, named defendants, and potentially third parties. In Texas and most states, this allocation is expressed as a percentage of total fault and directly affects how much compensation an injured person can recover.

How It’s Used in Personal Injury Cases

Texas follows a modified comparative negligence system under Chapter 33 of the Civil Practice and Remedies Code. The jury or fact-finder determines each party’s percentage of responsibility. Your recovery is reduced by your percentage of fault, and if you are found 51% or more responsible, you recover nothing. Defendants can also seek to allocate fault to non-parties—people or entities not named in the lawsuit—which can reduce their own percentage of responsibility and your ultimate recovery. Defense attorneys are skilled at magnifying even minor evidence of plaintiff negligence into significant percentage allocations.

Practical Example

A pedestrian is struck by a car while crossing the street. The jury determines that the total damages are $100,000, allocates 30% fault to the pedestrian for crossing mid-block rather than at the crosswalk, and 70% fault to the driver for speeding and failing to maintain a proper lookout. Under Texas’s proportionate responsibility system, the pedestrian recovers $70,000 (their $100,000 in damages reduced by their 30% fault). However, if the jury had found the pedestrian 51% at fault, they would recover nothing.

Why It Matters to Your Case

Allocation of fault is often the most contested issue in personal injury cases because it directly determines your recovery. Insurance adjusters use fault allocation arguments to justify low settlement offers, and defense attorneys focus heavily on proving plaintiff negligence at trial. Under Texas Civil Practice and Remedies Code Chapter 33, defendants can designate “responsible third parties”—non-parties who may have contributed to your injuries—to dilute their own percentage of fault and reduce your recovery even if those third parties cannot be collected from.

Key Takeaway

Allocation of fault determines what percentage of responsibility each party bears for an accident and directly affects your recovery. In Texas, being found 51% or more at fault bars any recovery, making fault allocation a critical battleground in personal injury cases.