10 Best Attorney Client Satisfaction
Google verifed reviews
BBB - Acredited Business A+
Texas Trial Lawyers Association
AVVO Rating - James Michael Shaw 10.0

Determining Fault in San Antonio Car Accidents - Impact on Liability Coverage

Determining fault after collision in San Antonio is an essential aspect when it comes to assessing liability coverage. In Texas, the legal system follows a modified comparative fault rule, which means that the amount of compensation an injured party can receive is directly linked to their level of fault in the accident. Read on to learn more about liability in San Antonio auto wrecks, and contact the dedicated team of attorneys at Carabin Shaw to schedule your free case review for any lingering questions you and your family may have.

Assessing Fault and Establishing Liability

When determining fault in San Antonio car accidents, various factors are taken into consideration. These include:

  1. Traffic laws applicable to the situation
  2. Eyewitness testimonies
  3. Police reports
  4. Expert analysis
  5. Any available video footage or photographs

It is crucial to gather as much evidence as possible to establish a clear picture of what occurred.

Determining fault in San Antonio car accidents is a complex process that requires careful analysis of evidence. Insurance companies, and legal professionals, play a crucial role in assessing fault and determining liability coverage. Seeking legal advice from an experienced Texas lawyer can help injured parties navigate through the process and protect their rights to fair compensation.

Liability Coverage and Modified Comparative Negligence

Liability coverage plays a significant role in determining fault as it affects how insurance companies handle claims. In San Antonio, the at-fault driver insurance claims will generally hold the insurance company responsible for compensating the injured party for damages. However, if both parties share fault, the compensation is adjusted according to the percentage of fault assigned to each party.

Examples of Modified Comparative Fault Rule and 51% Bar Rule

For example, if one driver is found to be 75% at fault and the other driver is determined to be 25% at fault, the compensation awarded to the injured party will be reduced by 75%. This modified comparative fault rule ensures that each party is held accountable for their share of responsibility.

Texas applies a "51% bar rule,” also called proportionate responsibility. This means that if a party is found to be more than 50% at fault for the accident, they are barred from seeking any compensation from the other party. Texas accident liability laws can be difficult to navigate and it is recommended to consult with an attorney.

The Importance of Legal Guidance

Seeking legal guidance is important to build the strongest case possible, negotiate with insurance companies, ensure all deadlines and requirements are met, and give you the peace of mind that you are being advocated for.

Though it is rare, your case could go to trial. If this happens, a judge or jury will carefully examine the evidence presented by both parties. They may also consider expert testimony from accident reconstruction specialists, medical professionals, or other relevant professionals to determine fault. If this happens, your lawyer will be there to represent you.

Choose Carabin Shaw to Fight for You | Free Case Review

The San Antonio car accident lawyers at Carabin Shaw are ready to fight for you. We are dedicated to aggressively fighting for our clients so that they receive the compensation and get the justice that they deserve and are entitled to. We take pride in treating every client with care and compassion and every case with commitment and diligence. Contact our team today to get started.

For a free case review / initial consultation, you can reach us toll-free at 800-862-1260. We have English AND Spanish-speaking staff available 24/7 to take your call. Visit our website to get in touch with us and see Carabin Shaw’s client reviews.

For more information:

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

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