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Who is at Fault: San Antonio Car Wreck Lawyer

It is an unfortunate fact that car accidents in Texas occur every 59 seconds, and they mostly take place in urban areas such as San Antonio, Austin, and Houston. These car accidents can be a source of financial and mental stress as injured parties are forced to juggle expenses, recovery, and paperwork from the accident.

After a car wreck, insurance companies determine who is at fault, thereby assigning blame and financial penalties. If you disagree with the insurance company, have additional questions about fault, or want to know who is at fault, a San Antonio car wreck lawyer can answer your questions and help you navigate your potential claim.

Deciding fault for car accidents can be tricky. This article will discuss how insurance companies determine who is at fault, what damages you can sue for, and when to speak to a San Antonio auto accident lawyer.

What is Fault?

The legal definition of fault includes negligent or intentionally harmful behavior. So, in the context of a car accident, the one who is at fault is the one who showed negligence to traffic laws. If you want to know how to determine fault for a car accident, then you might want to be familiar with local traffic laws.

The United States is divided between fault and no-fault states. In fault states, those who are assigned fault must cover their car’s damage, as well as the damage caused to any other vehicle involved. In no-fault states, the driver is simply responsible for their own vehicle. So, there is a clear difference between fault or no-fault accidents: no-fault accidents do not assign a fault to a person, whereas fault accidents do.

If you were in a no-fault car accident without insurance, then the party responsible for the accident may cover the damages to yourself or your vehicle. Texas is an at-fault state, meaning that they do assign fault to automobile accidents. So if you are a San Antonio driver that was assigned fault, then you may want to speak to a San Antonio auto accident lawyer.

How is Fault Determined?

Although the insurance company ultimately decides who is at fault, they use reports developed by police officers at the scene to gain information. These police reports typically include information about traffic violations, where the accident took place, and who was involved.

Insurance agents may also consider medical bills while determining who is at fault, so it is imperative to keep all documents pertaining to medical expenses. If you have more questions about a car accident whose fault it is, then it may also be worth talking to a personal injury lawyer, especially if you have sustained injuries from the accident.

Those who are found negligent of traffic laws are usually found to be at fault. If you want to learn more about the local traffic laws in your area, speaking to a police officer or qualified attorney, such as the attorneys at Carabin Shaw, will be incredibly helpful.

What Damages Can I Sue For?

Damages, or financial compensation is based on the financial loss you have endured because of the accident. For example, you may be able to sue based on:

  • Damages to vehicle
  • Damages to your person: keep track of any medical records and costs
  • Loss of wages: If the accident has caused you to miss work, and therefore lose wages, then you may be able to gain financial compensation.
  • Pain and Suffering: If you have experienced anxiety, depression, ptsd, and have had to seek counselling, then you may be able to gain financial compensation.

To gain a fuller picture of what damages you may be able to acquire, speak to a San Antonio accident lawyer today.

When Should I Contact a Lawyer?

If you are serious about suing for financial compensation, then it is better to reach out sooner than later. Additionally, it will be helpful to the lawyer to provide any necessary information (like financial or medical records). You will want to have an attorney from the local area of San Antonio. This ensures their knowledge of local and state traffic laws.

When you want to know who is at fault, a San Antonio car wreck lawyer can answer your questions. If you want the best San Antonio car accident lawyer, then call your local Carabin Shaw office today at 210-222-2288, or toll free at 800-862-1260. Call now to speak to a qualified lawyer.


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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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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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