How Comparative Fault Affects Your Car Accident Claim in San Marcos, Texas

If you’ve been involved in a car accident in San Marcos, Texas, a city that saw over 1,300 reported crashes in 2024, you may have grounds to pursue a claim. Did the negligence of another possibly cause your wreck? If so, contact the expert Texas attorneys at Carabin Shaw to discuss your potential claim. Those victims seeking compensation often find that navigating the legal landscape in the aftermath of a collision is challenging. Trust one of our skilled professionals to assist you through the process.

One of the most critical legal concepts to understand after an accident in Texas is “comparative fault,” also known as “proportionate responsibility.” Understanding this law is essential to recover losses and maximize your compensation, but it can be complicated to comprehend and challenging to determine without the help of a legal professional. Read on to learn more about this law, and consult with a trusted San Marcos attorney to start building your case so you can move forward with confidence after your accident.

Comparative fault refers to liability, or who was responsible for the crash. In Texas, a modified comparative negligence law is in place, also known as a 51% bar rule. The proportionate responsibility of each party affects the amount of compensation to which they may be eligible. The key points of the law are:

• A person can recover damages only if they are 50% or less at fault.
• The total amount awarded is reduced by the percentage of fault attributed to the claimant.
• At 51% or more, they are barred from reducing compensation entirely.

For example, modified comparative negligence in Texas would mean that if your damages totaled $100,000 and you are found to have 20% responsibility, you would be able to seek $80,000 in damages. If found 51% responsible (for example, both parties were speeding, but you were also on your phone), you would not be able to seek any compensation.

Comparative fault directly affects how much compensation you receive in a San Marcos car accident claim, or if you’re able to receive any at all. This is why ensuring that you make a strong, clear case regarding liability is so important. Liability can be tricky, and it’s not uncommon for parties to accidentally implicate themselves when not represented by an attorney, so understanding how it is established is also important to a successful claim.

Gathering evidence is key to establishing liability. Police reports, surveillance footage or photos of the scene, eyewitness accounts, and medical records are all used to paint a clear picture of events and determine fault after a car wreck in San Marcos, Texas.

It is crucial not to talk to insurance adjusters without first seeking legal counsel, and never admit any fault. You have rights, and don’t have to settle for less than you deserve.

Don’t fight alone. It’s crucial to enlist the help of legal experts to build the strongest possible case on your behalf to minimize your liability, thus maximizing compensation.

Having a skilled San Marcos TX car accident lawyer on your side to gather all available evidence and documentation and compile it into a compelling case allows you to have peace of mind. Instead of worrying about the complex legalities involved in a suit, you can instead focus on recovering after your accident.

Our team of San Marcos personal injury attorneys at Carabin Shaw has helped thousands of Texans recover losses after car accidents, and we can help you too. We fight diligently to secure justice and fiercely protect your rights, as evident in our client reviews. We offer our services on a contingency-fee basis to minimize risk to our clients as well. You owe nothing unless we win your case.

Call now, toll-free, at 800-862-1260 to begin with a complimentary case review. Our English and Spanish-speaking staff is available 24/7 to take your call.

For more information:

• TX DoT
• Texas Statutes 33