Comparative Fault in San Antonio Auto Accidents
Hi Sometimes the errors of multiple drivers, not just one, cause a car accident. If you share some blame for an accident, can you still receive compensation from the other driver for your injuries and losses? In Texas, the answer is yes—up to a point.
Of the average 45,580 car accidents that occur yearly in San Antonio’s Bexar County, many involve shared fault. Allocating the percentage of fault to each responsible party can become very complex. Whether you need to prove that you owe less or that you’re entitled to more, you deserve the expert representation of the top Texas law firm, Carabin Shaw.Understanding Comparative Fault in Auto Accidents
Comparative fault, also known as “proportionate responsibility” in Texas, is a legal principle that assigns a portion of responsibility to each involved party. Insurance companies then use this percentage to calculate how much each party owes.Definition of Modified Comparative Fault
Texas is one of 33 states that recognize modified comparative fault. Under this principle, a party with auto accident injuries can recover damages if their percentage of fault falls under a certain limit.
For example, let’s say that a San Antonio driver is 60 percent responsible for their accident. According to modified comparative fault, this percentage is too high for the driver to recover any compensation, even though the other party is also somewhat accountable.How Modified Comparative Fault Works in Texas
In Texas, you can’t recover damages if you’re responsible for more than 50 percent of the accident. If your percentage of fault is 50 percent or less, you can recover damages, but this amount is reduced according to your degree of fault.Determining Fault in San Antonio Motor Vehicle Accidents
Calculating comparative fault in San Antonio auto accidents is an intricate process with potentially high stakes for your case. Your lawyer should be able to explain the many factors and which apply to your circumstances.
Factors that Contribute to the Decision
Several factors can influence the determination of fault, including the following:
- What drivers admit (or fail to document) at the scene of the accident
- Information in the police report
- How the insurance company’s algorithm interprets the information, including details that your San Antonio auto accident lawyer provides to strengthen your case
- What arbitration companies decide if insurance companies still don’t agree
- A jury’s decision about fault, though few car accident cases go to trial
In general, your percentage of fault influences the amount of damages you can recover from another party’s insurer. This number can also be your defense against a party who’s seeking more damages from you than you believe is fair.
Ultimately, your auto accident injury lawyer in San Antonio uses knowledge of fault to help you make informed decisions about accepting settlements and pursuing other legal actions.Importance of an Attorney in Mitigating Comparative Fault
By calling the toll-free number 800-862-1260 at any time, you can speak with an English- or Spanish-speaking staff member to set up a free initial consultation and case review. Carabin Shaw’s client reviews demonstrate how we advocate for a just allocation of fault through practices like the following:
- Gathering convincing evidence
- Ensuring the accuracy of all evidence
- Securing witness or expert testimony
- Using deep knowledge of Texas law to argue for justice
- Explaining your best options every step of the way
When striving to minimize your percentage of fault, our team is always 100 percent on your side.
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