Proving Comparative Negligence in a San Antonio Car Accident Case

Proving fault can become an unfruitful battle of he said, she said when trying to assign liability in a San Antonio car accident case. Without evidence and a proper understanding of comparative negligence, injured parties may not receive the compensation they deserve. An experienced lawyer will help victims to gather evidence and prove a case that results in fair compensation.

The San Antonio personal injury attorneys at Carabin Shaw dedicate themselves to helping you get the compensation you deserve. With decades of experience in personal injury law, our team has the resources to help you win your case. Our client reviews speak to our professionalism and compassion. All you need to do is call our toll-free number at 800-862-1260 to schedule a free consultation. We offer our services on a contingency-fee basis, and we have English- AND Spanish-speaking staff available 24/7.

In civil litigation, the court uses tort law to order liable parties to compensate the victims of their negligence. This is different from criminal litigation, where the court uses criminal or penal laws to punish a person and deter future criminal activity.

Negligence is the failure to perform reasonable actions to prevent harm. The person whom the court deems negligent must have a duty to act, breach that duty, and cause subsequent harm to the victim. There can be more than one person who is negligent in a car accident case, including the injured party. An experienced lawyer will organize your case to make it clear who is liable for your injuries.

To provide just compensation for victims of a serious car wreck in San Antonio, the courts award damages based on comparative negligence, also called proportionate responsibility. In cases where more than one party is liable for damages, the court will divide damages among defendants in a manner that is proportionate to their fault.

When a plaintiff is partially liable for damages, the courts will negate the portion of the damages it deems to be the plaintiff’s fault. If the plaintiff is more than 50% at-fault, the court will not award any damages. Hiring an attorney can help you to prove another party's fault and maximize your compensation.

Examples of cases where a plaintiff may be partially at fault include situations where the plaintiff was:

• Speeding.
• Under the influence.
• Distracted.
• Tired.
• Not wearing a seatbelt.

Note that these examples may lessen compensation for a plaintiff, but that is only if they contributed to the cause of the accident or the worsening of injuries.

Calculating damages is an essential part of maximizing compensation to make sure you get a large enough judgment to cover all your losses, including pain and suffering. Damages in a Texas car accident lawsuit in San Antonio include:

• Medical bills
• Auto repair bills
• Travel expenses
• Towing costs
• Emotional pain
• Loss of relationships
• Loss of life enjoyment
• Disfigurement
• Disability

Talking to San Antonio TX car wreck attorneys helps victims to identify all their current and future losses as well as assign values to them, so the court can award damages in a personal injury claim.

Hiring a lawyer to represent you in a car accident case is always helpful, but it is especially prudent when the accident has multiple at-fault parties or where the injured party is partially at fault. Attorneys and their clients must decide whether a case is viable, whether they should accept a settlement offer, and whether a case is worth taking to trial. This can be a stressful process, and the legal team at Carabin Shaw will guide you to the best path for your unique situation.

For more information:

• The Law Dictionary
• Statutes Capitol Texas
• Statutes Capitol Texas