Direct answer
Under Chapter 33, a Texas claimant found more than 50% responsible can’t recover damages. At 50% or less, the claimant’s share of responsibility reduces the award. Other questions are still open after that. Who owes the judgment? Which settlements count? What money can actually be collected? See Chapter 33, sections 33.001 and 33.012.
“The other driver was mostly at fault” is where the conversation starts. It doesn’t tell a lawyer what the case is worth.
What matters is the detail: what each person did, what caused the injury, and what evidence the jury will be allowed to hear.
A $400,000 verdict is not always a $400,000 recovery
Picture a hypothetical $400,000 damages finding. The jury puts 25% of the responsibility on the claimant. That’s $100,000 off, so $300,000 is left before anything else gets applied.
Make it exactly 50% and the same math leaves $200,000. Make it 51% and section 33.001 bars recovery, in a claim the chapter covers.
These examples isolate one calculation. They do not predict a settlement or the amount a client takes home. Fees, expenses, reimbursement claims and collection issues still need their own accounting.
Put the accusation next to the evidence
Say the defense in a car accident case claims the injured driver was distracted. Ask for the source of that claim.
A phone record needs a time that can be compared with the crash. A witness needs a view of the driver. A recording may begin too late to show what happened before impact. Get those details before accepting the accusation.
A useful working chart has four columns: the person involved, the alleged conduct, the evidence, and a possible responsibility range. Put gaps in the evidence on the chart too. A percentage written in a demand response should not acquire weight simply because someone has repeated it.
Use the gaps on that chart to decide what to request next. There may be another camera across the street or an uncontacted passenger who saw the driver. Keep conflicting accounts rather than choosing the convenient one. If a fact hurts the claim, the lawyer needs to know it before evaluating an offer.
Who is included in the responsibility question?
Chapter 33 distinguishes claimants, defendants, settling persons and designated responsible third parties. They are not interchangeable. Section 33.003 requires sufficient evidence before a person's conduct is submitted to the jury. Under section 33.004(i), designation or a fault finding does not itself impose liability on a responsible third party.
The defense may blame a contractor or a different driver. Check that out quickly. Find out who employed the person and what records exist. Ask whether there’s a viable claim against them and whether time remains to bring it.
Check the applicable designation procedure and the limitations issues. Don’t assume that adding a name to the allocation question adds someone who will pay.
Keep the settlement math separate
Don’t run one big “fault discount” across every number in the file.
Work through each item separately. Claimant responsibility is one. Allocations to other people are another. Settlement credits and available coverage are two more. Lump them together and the worksheet may count one reduction twice, or skip an amount that matters for collection.
Now go back to that $400,000 example. The responsibility math won’t tell you the defendant’s insurance limit. It won’t resolve a settlement already made with someone else, either.
So before you advise a client on an offer, lay out which assumptions are supported and which still need answers.
Legal source
Texas Civil Practice and Remedies Code Chapter 33, including sections 33.001–33.004 and 33.012–33.013. This article provides general information; applying these rules requires the facts and law governing the particular claim.
Founding Attorney
Aaron A. Herbert is a Texas attorney, Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Education
- Texas A&M University (B.S. Criminal Justice, 1999)
- University of Oklahoma College of Law (J.D., 2002)
Professional background
For over a decade he has shown an unwavering commitment to clients who were seriously injured by major accidents and industrial catastrophes. During that time he has earned the reputation as one of America’s most aggressive trial lawyers by achieving noteworthy recoveries from judges and juries, as well as substantial settlements prior to trial, the majority of which contained negotiated confidentiality agreements at the request of the defense. When asked about these cases, Mr. Herbert has said that each case not only justified the recovery level, but that no one would trade places with any one of these victims in return for any amount of money, once they know the facts and severity of the injuries and tragedy involved. According to Mr. Herbert, “there can be no substitute for passion, preparation and persistence in the practice of law.” He is known not only for this tenacious preparation, but also for his imagination in the courtroom. He is passionate and persistent in seeking to obtain the maximum case value for each individual client at trial or through settlement, while reducing the stress of litigation on his clients.
Born and raised in Dallas, Texas, Mr. Herbert enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. After the Marines, he obtained a Bachelor of Science in Criminal Justice from Texas A&M University, then a Juris Doctorate from the University of Oklahoma College of Law. There he graduated in the top of his class and became an eternal Sooners Football fan. Aaron has worked as a zealous advocate for injured clients at several boutique personal injury litigation firms where he amassed numerous jury verdicts. After spending a year as the top earning litigation attorney at a firm that frequently tops verdict search as one with the highest number of trial wins in Texas, Aaron accepted a position as the managing pre-litigation attorney at another Dallas personal injury firm. Over the next seven years he transitioned to the managing litigation attorney, and that firm grew to one of the largest personal injury firms in Dallas. In 2010 he formed the Law Firm of Aaron A. Herbert, to get back to a focus on developing each individual case and maximizing case value for each client.
Mr. Herbert practices law with the belief that a well taken care of, highly engaged and motivated team of employees working in a cooperative team environment will result in superior representation and great results for the firm clients. He believes in always setting a goal of achieving the best possible results for each and every client.
Professional affiliations and publication
Professional Associations
- Licensed to practice in Texas (2002)
- Board Certified in Personal Injury Trial Law, Texas Board of Legal Specialization (2008)
Publications
- Litigating Dog Bite Cases, Texas Dog Law Seminar, Dallas 2009
Member
- State Bar of Texas
- American Bar Association
- American Trial Lawyer Association
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas County Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- National Trial Lawyers – Top 100 Trial Lawyers
Texas Bar #24036761 · The Law Firm of Aaron A. Herbert, P.C. · Dallas, Texas