Most times, when someone is injured, it is easy to determine who is responsible. But other times, a combination of people and factors may be to blame. States have different contributory negligence standards for determining when a plaintiff can recover. Here is an explanation of Texas' rule.
1
Contributory Negligence - 51% bar.
In Texas, there is a 51% negligence bar for plaintiffs. At trial, when the jury is asked to determine who was at fault, if they believe the plaintiff and defendant were both responsible, then the jury will be asked to assign the percentage of fault for each.
2
If the jury finds that the Plaintiff was 51% or more responsible...
If the plaintiff is 51% or more at fault, then the plaintiff recovers nothing. Even if the jury finds that the damages to the plaintiff are worth millions of dollars, a finding of 51% or more is an absolute bar to any recovery.
3
If the jury finds that the Plaintiff was 50% or less responsible...
If the plaintiff's percentage of fault is less than 51%, then plaintiff recovers the amount of damages minus her percentage of fault. In other words, if the verdict is $100,000, and the jury finds that the accident was 25% plaintiff's fault, then the plaintiff will still recover $75,000.
Comments - add comment