Comparative Negligence in San Antonio Car Accident Claims
After a car accident, insurance companies often argue that the injured driver shares some responsibility for the crash, a tactic that can significantly reduce your compensation. If you are facing this situation, a car accident lawyer from Felix Gonzalez Law can challenge these claims and fight for the full amount you deserve.
State law governs comparative negligence in San Antonio car accident claims and can either protect or limit your ability to recover compensation, depending on the division of fault. Knowing how these rules apply to your specific situation is one of the most important reasons to consult an injury lawyer early in the process.
Modified Comparative Fault and Car Accident Claims
Texas Civil Practice and Remedies Code § 33.001 details the modified comparative fault system, under which an injured person can still recover compensation even if they were partially at fault for the crash, if their share of responsibility does not exceed 50 percent. If a court finds that they were 51 percent or more at fault, they cannot recover any compensation.
When a court considering comparative negligence finds that an injured person is partly responsible for a car crash in San Antonio, that person faces a reduction in their compensation claim in proportion to their percentage of responsibility. For example, someone who is 20 percent at fault in a crash that caused $100,000 in losses would recover $80,000. This makes each party’s percentage of fault a critical issue in every case.
What Evidence Can Challenge Fault Assignment in a Car Accident Case?
When an insurance company assigns fault in a car accident claim, that decision is not final. An injury lawyer can investigate independently and gather evidence that directly contradicts the insurer’s version of events. The types of evidence that can challenge a fault assignment include:
- Dashcam footage from the injured person’s vehicle or from the vehicles of nearby drivers
- Traffic camera recordings from local or state authorities
- Black-box data capturing vehicle speed, braking, and steering inputs before impact
- Witness statements from drivers, pedestrians, or bystanders at the scene
Evidence in car accident cases can disappear quickly. However, an injury lawyer handling a claim involving comparative fault after a vehicle collision in San Antonio can send preservation letters, subpoena records, and retain reconstruction professionals to secure the evidence before it disappears.
How Do Insurers Shift Fault Onto Injured Drivers?
Insurance companies are aware of the 51-percent bar under state law, and they frequently use it as a strategy to reduce or cancel what they owe. Adjusters may argue that an injured driver was speeding, following too closely, or distracted at the time of the crash, even when evidence shows otherwise.
Common tactics insurers use to shift fault onto an injured person include:
- Relying on incomplete or one-sided police reports
- Using recorded statements the injured person made immediately after the crash
- Citing traffic violations, even minor ones with no bearing on the cause of the wreck
- Disputing the severity of the impact to minimize injury claims
- Presenting their own accident reconstruction without independent review
A car accident attorney handling comparative negligence disputes in San Antonio can gather independent evidence and consult reconstruction professionals to counter what insurers claim. Felix Gonzalez Law has secured settlements that reflect the facts of a case.
Speak With an Attorney About Comparative Negligence and Your San Antonio Vehicle Accident Claim
When there is a dispute concerning responsibility after a crash, the outcome of a claim can depend on the presentation of the evidence and how well you challenge it. If another driver or an insurance company is trying to shift the blame onto you, you do not have to handle the situation on your own. Contact Felix Gonzalez Law today to schedule a free consultation about comparative negligence in San Antonio car accident claims and take the first step toward protecting the compensation you deserve.
