The 51 Percent Bar Rule in Celina
If a pedestrian is determined to have contributed to the cause of their accident, their recovery may be reduced under the modified comparative fault rule. This legal principle guides how courts determine whether or not a plaintiff could seek damages if they were also at fault, and if so, how much they are entitled to receive.
Texas follows a 51 percent bar rule when assessing comparative fault. Under Texas Civil Practice & Remedies Code §33.001, pedestrian accident plaintiffs in Celina would be barred from recovering if they are found 51 percent or more at fault. Injured pedestrians may still recover if they are 50 percent or less at fault.
However, a plaintiff’s recovery would be reduced by the amount of fault they contributed to the injury. For example, if the pedestrian is found 25 percent at fault and the defendant 75 percent at fault, the pedestrian would only receive 75 percent of their damages. A pedestrian accident lawyer in Celina could help calculate a plaintiff’s potential recovery and structure their case accordingly.