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.

