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Comparative Negligence & San Antonio Car Accident Claims
Trademarked by raised tempers and finger-pointing, it is rarely simple when determining who is at fault for a traffic accident. Texas insurance claims operate on an “at-fault” basis, which means that a single driver will be found liable. When pursuing damages, however, things become more complicated due to Texas’ modified comparative negligence rule.
If you were partially responsible for an accident and have questions about your rights, fear not, the San Antonio auto accident attorneys at Carabin Shaw can guide you through the legal process and ensure you receive what you are owed.
Important Evidence for Victims Arguing NegligenceWhen determining car accident fault in San Antonio TX, everything begins with the evidence. It is particularly important to retain all possible evidence in cases where you may have partial responsibility for the accident.
Some common types of evidence that will be helpful for your attorney are:
- Police reports
- Medical records
- Photo/ video evidence
- Eyewitness testimony
- Expert witness testimony
Insurance liability in Texas car accidents is determined on an at-fault basis. This means that the liable driver in an accident will be determined by an investigation. When it comes to a Texas car accident lawsuit, however, the “modified comparative negligence” rule comes into effect.
This means that the exact percentage of responsibility for an accident will be determined for each person involved. Only those with less than 51% responsibility will be entitled to pursue compensation through damages.
Can I Pursue Damages for an Accident if I am Partially at Fault?Yes, you can. As long as you are determined to be less than 51% at fault for your accident, you and your lawyer can pursue compensation in the form of damages.
Your percentage of fault, however, will proportionally impact the compensation you receive. For example, if you are found 30% at fault for your accident and awarded $100,000 in damages, your compensation will be reduced by 30% and you will receive $70,000.
Some forms of damages you may be able to pursue include:
- Reimbursement of medical expenses
- Reimbursement of legal fees
- Lost wages
- Pain and suffering
- Punitive damages
- Loss of consortium
- Wrongful death
- Reimbursement of funeral expenses
Skilled legal counsel, like the San Antonio car wreck attorneys at Carabin Shaw, is essential to ensuring you get the outcome you deserve in your car wreck lawsuit. Navigating the legal system on your own is never recommended, but it is particularly complex when dealing with cases of comparative negligence.
Your attorney can help maximize your compensation by minimizing your percentage of negligence and by pursuing every form of damages you are entitled to. In addition, your lawyer will help you stay organized and informed throughout the legal process, along with providing invaluable emotional support.
Do not let Comparative Negligence Stall Your Pursuit of Justice - Maximize Your Compensation with Carabin Shaw!Our team at Carabin Shaw knows exactly what it takes to win cases for victims like you. Check out our client reviews for evidence of our long track record of success in winning damages for car crash victims.
Call us today at 800-862-1260, where our English and Spanish-speaking team is available 24/7 to set you up with a free consultation.
Contingency-Fee AgreementAt Carabin Shaw, we understand how devastating a car wreck can be for the personal finances of victims. To help you win the compensation you need to get back on your feet, we offer our services on a contingency-fee basis. That means that we will not collect payment until we have won your case.
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