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Determining Fault After a Car Accident | San Antonio Auto Accident Lawyer

Car accidents are always stressful, expensive, and overwhelming for everyone involved. And according to the Texas Department of Transportation, a whopping 265,076 people were injured in Texas traffic accidents in 2016 alone. If you’ve been involved in a wreck in San Antonio, you may be wondering what to do now. If you’re asking yourself, “How will fault be determined after my wreck?” or even “How do I find an auto accident lawyer near me?”, then our experts at Carabin Shaw are here to help. Read on to learn more about how liability works in Texas, as well as how to find the right San Antonio auto injury lawyer.

Factors Involved in Determining Fault After a Car Accident

Many people mistakenly believe that the police report ultimately determines fault after a car accident. The reality is more complicated; the police report is just one of many factors that insurers (and courts) take into consideration when determining who is at fault. According to our San Antonio car accident lawyers, other factors that may play a role in determining fault after a car accident include:

  • Statements from eyewitnesses
  • Your own statement
  • The other driver’s statement
  • Accident reconstruction expert statements
Who is at Fault?

The most commonly liable party in a car wreck is a driver who was acting negligently. That means if one of the drivers in the crash was texting, speeding, not paying attention, or engaging in another form of reckless activity, they will most likely be found at fault for the accident. However, if they were driving as part of the scope of their employment, their employer may also be held liable for damages.

There is no one-size-fits-all rule for determining fault, because fault will always depend on the circumstances of that individual incident. To figure out who is at fault for your accident, you will need to consult with a qualified San Antonio auto injury lawyer.

What if Both Drivers are At Fault? Understanding Comparative Negligence in Texas

What happens if multiple parties are found to be responsible for the accident? Or what if the accident was partially your own fault? In Texas, if multiple parties are partially at fault in a wreck, the fault will be divided between them. Texas uses a modified form of comparative negligence (sometimes called "proportionate responsibility"). That means if you are partially at fault for your accident, your potential damages are reduced by the percentage you are found to be to blame. Your lawyer will help you calculate your potential damages and then will help you determine how your own liability may or may not reduce these.

Ready to Consult With a Lawyer? Call Us Today and Find Out How We Can Help

If you’re wondering, “How do I choose the right auto accident lawyer near me?” then there are a few qualifications you should look for. You need to choose an attorney who has extensive experience handling car accident claims in your state—preferably someone with trial experience in case your claim ends up going to court. You also want to look for an attorney who has an excellent reputation, plenty of positive client reviews, and a spotless disciplinary record. Finally, your attorney should be someone you feel comfortable with, because it’s important to choose a lawyer you can trust.

At Carabin Shaw, we’ve been handling car accident claims for more than two decades, and our San Antonio car accident lawyers have more than 200 years of combined legal experience. We firmly believe that you deserve the best possible legal representation, and that you ought to have your accident case handled compassionately and effectively by an expert lawyer. Our team will fight for you at every step of the way, and will fight to maximize the value of your claim so you can receive the maximum possible settlement.

For a free and confidential consultation with one of our expert attorneys—or just to learn what a San Antonio auto injury lawyer can do for you—call our San Antonio office today at 210-222-2288. Don’t wait—call and let us help you get your life back on track.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

Client Reviews
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We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. Griselda S.
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You want Carabin Shaw on your side after an accident. They were excellent. Valerie S.
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In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. Amanda G.
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The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. Melinda F.
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We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.
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