After a serious car crash in Cibolo, Texas, injured drivers are often surprised to discover that the compensation they receive depends not only on who caused the wreck but also on how the fault is divided. The state uses a system called the Texas modified comparative fault rule, which can directly reduce or even completely eliminate your ability to recover damages in the wake of an accident. Taking advantage of this law, insurance companies frequently argue that injured victims share blame for the accident that hurt them, even when the evidence suggests otherwise. Speaking with a qualified local attorney early on in the process can be critical to understanding how state law works and help protect your claim from unfair reductions.
If you’ve recently been involved in a serious car accident in Cibolo that has impacted you financially, physically, or emotionally, you may be owed compensation. The trusted team of Texas lawyers at Carabin Shaw have the experience, knowledge, and compassion to ensure you win the justice you deserve. Contact our law firm today to schedule your FREE initial case review. No money owed unless we win.
What Modified Comparative Fault Really MeansUnder the system of proportionate responsibility, Texas law stipulates assigns each party involved in an accident a percentage of the total fault. Under this rule, an injured person can recover damages only if they are less than 50% responsible for the crash. If their percentage of fault is 51% or greater, they are entirely barred from receiving compensation, even if their injuries are severe.
When fault is shared, compensation is reduced by the injured party’s responsibility. For example, if the damages from your accident total $100,000, and you are found to be 20% responsible for the cause, your lawyer can only recover a total of $80,000. This is why it’s so critical to have representation that understands the law and can minimize assigned fault to protect the full value of your claim.
How Comparative Fault Impacts CompensationBecause of the way the law is structured, even minor allegations of fault can significantly reduce a settlement after a verdict. Damages for medical expenses, lost income, and pain and suffering can all be impacted by the law and subject to a reduction if partial responsibility is assigned. This often surprises injured drivers, who believe that the other party was clearly at fault for the harm they suffered.
Texas law places the burden on both parties to an accident to prove their respective percentages of responsibility. An experienced Cibolo attorney will gather accident reconstruction data, medical records, and expert opinions to counter attempts to inflate your share of the fault.
Common Ways Fault Is Assigned After a WreckFault determinations are rarely straightforward and often rely on evidence gathered shortly after a crash. Police reports, witness statements, vehicle conditions after the collision, and traffic conditions can all play a role in the ultimate determination.
Without a lawyer to protect your rights, insurers often seek to shift blame onto injured drivers. Examples of alligations used to assign fault include:
A skilled Car wreck attorney in Cibolo TX understands how to effectively combat these claims and present evidence that accurately reflects what happened. Knowing local roadways, crash patterns, and other local insights gives personal injury attorneys experienced with Cibolo accidents an edge in litigation.
Work With an Expert Law Firm—Contact Carabin Shaw To Book Your FREE Case Review & Get the Justice & Compensation You DeserveThe Cibolo car accident lawyers at Carabin Shaw have an in-depth understanding of how the comparative fault system impacts cases like yours and can work to ensure the system functions correctly to get you the compensation you deserve. Reading our law firm’s client reviews can help you understand how we leverage our expertise in your favor.
Our experienced team of English- and Spanish-speaking legal professionals is here to guide you every step of the way. We proudly offer a free case review so you can fully understand your legal options before moving forward. If you choose to work with us, our services are provided on a contingency-fee basis, meaning you won’t pay anything unless we win your case. If you or a loved one has been injured in a car accident, contact us immediately at 1-800-862-1260. Our phone lines are monitored 24/7, so help is always just a call away.
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