How Comparative Fault Affects Injury Claims After a San Marcos Car Accident | Texas Attorneys

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Car accidents can leave victims in San Marcos, Texas, facing expensive and time-consuming recoveries. Worse yet, complex liability laws can make the path to justice and compensation unclear. Without the help of a skilled lawyer, many victims never win the restitution they need to fund their rehabilitation.

If you have recently been injured in a crash, look no further than the San Marcos car accident lawyer at Carabin Shaw to guide you through the legal process. Our team has the skills and experience you need. We even offer a free consultation to get you started. Just contact us online or call toll-free at 1-800-862-1260 to book your appointment today!

Car accident liability in Texas is determined based on negligence. Negligence refers to any action or inaction that fails to meet the duty of care owed by any party. When negligence causes a crash, negligent parties can be held accountable for its consequences. Common examples of negligence leading to car crash liability are:

• Speeding
• Tailgaiting
• Failure to yield
• Operating a defective vehicle
• Driving under the influence
• Distracted driving
• Fatigued driving
• Improper cargo loading

All San Marcos crashes are subject to comparative negligence in Texas. This statute means that multiple parties may share liability for an accident, in proportion to their degree of negligence. This can result in car accident claims with multiple liable parties, including third parties, not directly involved in the crash. Examples of third parties that may be liable for a Texas car accident are:

• Commercial trucking companies
• Vehicle maintenance workers
• Rideshare/txi companies
• Construction contractors
• Event organizers
• Government entities

Comparative negligence means you may be held partially liable for your own crash. As long as you are less than 51% liable, you still have the right to pursue lawsuits and insurance claims, but your compensation will be reduced by the percentage of fault you hold. A Texas car accident attorney can fight to reduce or eliminate your liability, helping maximize the compensation you receive.

Once you have identified liable parties, the most effective way to secure crash compensation is by suing for damages. Damages allow accident victims to seek restitution for both the financial and the emotional impact of their injuries. Some common examples of damages you may qualify for include:

• Reimbursement of medical expenses
• Pain and suffering
• Property damage
• Loss of companionship
• Permanent disfigurement
• Lost wages
• Loss of benefits
• Mental anguish

Working with a qualified attorney will help ensure that Texas liability laws like comparative fault do not stop you from winning the justice and compensation you deserve. Your lawyer will maximize the value of your claim by holding all liable parties accountable and pursuing all possible avenues for compensation. They can even gather evidence for you, handle your paperwork, and negotiate insurance claims on your behalf.

There are even more advantages when you work with a local personal injury lawyer in San Marcos TX. They will be available for in-person meetings and interviews with local witnesses. Your attorney will also have a preexisting familiarity with local laws and judges, which will help your case go smoothly.

Do not let comparative fault and the other complexities of the legal system get in the way of the justice you deserve. The accident attorneys at Carabin Shaw have over three decades of experience fighting for victims just like you. You can see our track record of success reflected in our law firm’s client reviews.

To get started, contact us online or call toll-free at 1-800-862-1260, where our English- and Spanish-speaking staff are available 24/7 to set you up with a free case review. Thanks to our contingency-fee structure, you never owe us anything upfront, and you pay nothing unless we win your case. Call today to begin on the path toward the justice you deserve.

For more information:

• Civil Practice and Remedies Code Chapter 33
• Civil Practice and Remedies Code Chapter 41