How Comparative Negligence Affects My San Antonio TX Car Accident Claim

Responsibility isn’t always straightforward after a car accident. Negligence, driving conditions, road conditions, vehicle conditions, and more can all impact liability in a collision claim. If you’ve recently been involved in a car wreck in San Antonio, Texas, and believe negligence may have been at least partially involved, call the top attorneys at Carabin Shaw to schedule your free initial consultation. Our phone lines are open 24/7, and we have English and Spanish-speaking professionals available to assist you.

If you decide to pursue a case with our help, know that our car accident lawyers in San Antonio, Texas, work on a contingency fee basis. That means you don’t owe anything unless your case is won. With no financial risk involved, you've got everything to gain and nothing to lose. Call our top Texas law firm at 800-862-1260 today to see what our Texas attorneys can do for you.

Also known as “proportionate responsibility” in Texas, comparative negligence determines how damages are awarded following a car wreck when more than one party is responsible. While some states use other systems of fault, the Lone Star States’ modified framework means that if you are found to be less than 50% responsible, you can still pursue compensation. However, you are ineligible for damages if your fault is more than 50%.

Complexities may be involved in determining fault after your car accident in South Texas. If you suspect negligence on behalf of another party or parties, though, it is crucial to contact a San Antonio attorney as soon as possible to discuss your case.

To prove legal negligence, your legal team will need to illustrate the following:

1. The accused party owed the victim a duty of care, meaning they were obligated to behave safely or reasonably.
2. That care was breached by negligence.
3. The breach of duty caused the victim’s injuries.
4. The victims suffered significant harm and incurred damages as a result.

Evidence will need to be presented supporting each of these claims and will likely include police reports, medical records, witness statements, expert testimony, and more. Your lawyer will be tasked with thoroughly investigating your case and ensuring that the strongest evidence is presented.

Most car accident claims are settled out of court. Unfortunately, many insurance companies also try to persuade victims to settle for less than their cases are worth to maximize their own profits. A settlement may seem appealing because of a quick payout, but it’s important to understand the potential strengths and weaknesses of both a settlement and a lawsuit.

Settlement with an insurance company can be quick, but their goal is to minimize payouts. That means vital compensation is left on the table. There are times, however, when settling is ideal. These situations include:

• There are minor injuries and little property damage
• Liability is clear and undisputed
• The settlement offered covers your medical expenses and other losses fairly

If you have any questions, it is always better to discuss your case with an experienced Texas attorney. They can then advise you on the best course of action.

Taking a car wreck case to court allows personal injury victims to present their evidence before a judge or jury, seeking a verdict that reflects the full extent of their damages. This could result in more damages awarded, but it also involves more time and effort on the part of the injured and their legal team. Regardless, it’s best to pursue a lawsuit in the following cases:

• There are severe injuries
• Significant damage to property
• Liability is being disputed
• The insurance company is offering a low settlement
• The accident involves multiple parties or a commercial vehicle

The aftermath of a serious car accident can be chaotic and confusing, leaving you with severe injuries, property damage, mounting medical debt, and so much more. At Carabin Shaw, our top attorneys have represented personal injury victims in Texas for over 30 years. We are experts in our field and are committed to attaining justice and maximum compensation for our clients. Read our client reviews to see how we’ve won big previously, and call 800-862-1260 today to schedule your free case review.

Our phone lines are open 24/7 and are staffed with English- and Spanish-speaking professionals to assist you. Contact the best San Antonio car accident lawyers today to see how we can help your claim.

For more information:

• Texas Statutes 33
• Cornell Law
• TX Courts