Pure comparative fault allows any party to recover compensation for accident-related losses as long as they are not entirely to blame for the accident. Twelve states, including Louisiana, follow pure comparative negligence, meaning there is no upper limit barring recovery short of 100%. In Louisiana, a pure comparative negligence system, you can still receive compensation for an accident even if you are partially at fault. For example, if your claim is worth $15,000 but you’re found to be one-third responsible, you can still collect $10,000.
In Texas, you can sue for damages even if you are partially at fault for an accident. However, the modified comparative fault rule followed in Texas states that a plaintiff can only recover damages if they are less than 50% at fault. If the plaintiff is more than 50% at fault, then they are not entitled to any recovery. The amount they can recover will be reduced proportionally to their level of fault.