Comparative Negligence in San Antonio Auto Accident Cases

In the aftermath of a San Antonio auto accident, an injured party may realize that more than one party was at fault for the accident. In a worse scenario, they may also find themselves being held at least partially at fault. Fortunately, Texas is a comparative negligence state, which means that you and your lawyer can sue for damages even if you contributed to the cause of the accident.

The San Antonio personal injury attorneys at Carabin Shaw are experts in personal injury law, and we want to help you seek justice after a car accident. Our team is adept at evidence collection, and they will organize your case in a way that helps you maximize your compensation after a car accident. Furthermore, we offer our services on a contingency-fee basis, which means you don’t have to worry about legal fees until you receive compensation. Call our toll-free number at 800-862-1260 and schedule an appointment for a free case review. We have English- AND Spanish-speaking staff available 24/7.

Comparative negligence is a civil court case notion that describes situations where there is more than one person at fault in an accident. While a plaintiff in Texas may collect damages if the court finds them to be partially at fault, that fault cannot be over 50%. In other words, if the accident was primarily the fault of the plaintiff, a San Antonio traffic accident lawyer cannot win their client’s personal injury lawsuit.

Some states use contributory negligence principles, which means they cannot collect any compensation if the court finds that they contributed in any way to the fault of the accident. Texas comparative negligence standards allow for a more customized form of financial justice.

In Texas, comparative negligence is synonymous with proportionate responsibility. The compensation the court will award is proportionate to the amount of fault for which the defendant is responsible. Your attorney will assist in proving fault and defending your right to compensation after an accident.

If the court finds that the defendant contributed 70% of the fault in a case with damages totaling $100,000, for example, the defendant will have to pay $70,000. The plaintiff or another liable party is responsible for the remaining $30,000.

The ways that a person can contribute to negligence include speeding, driving while intoxicated, failing to maintain a vehicle, creating a road hazard, or not obeying Texas car accident laws. None of these examples guarantee a level of fault, but each of them can contribute to an accident in certain circumstances.

Civil damages in a San Antonio car accident include economic, noneconomic, and exemplary (punitive) damages. This includes medical bills, auto repairs, and pain and suffering. The court may award punitive damages in cases of gross negligence. Evidence to prove damages may include:

• Medical bills
• Receipts for auto repairs
• Bill of sale for the vehicle
• Medical records
• Photographs of bodily and automobile damage
• Eyewitness statements
• Journal entries

While economic injuries are relatively easy for a San Antonio accident attorney to quantify based on receipts, noneconomic damages and future damages are more difficult to valuate. Your lawyer will help you to list your injuries and calculate them based on formulas, previous case law, and detailed descriptions of your losses. Any potential forms of evidence are worthwhile to your legal team who can develop a more exact definition of your losses to present to the court.

At Carabin Shaw, we provide comprehensive legal services with a compassionate team who wants to help you win your case and facilitate your return to normal life. Our commitment to client satisfaction is evident in our glowing reviews. We treat every victim with the respect and professionalism they deserve, guiding them through the legal process with compassion. Contact us today to learn how we can help you secure compensation for your injuries, regardless of the number of parties involved.

For more information:

• Cornell Law
• Statutes Capitol Texas
• Statutes Capitol Texas