Picture this: You’re driving through a busy intersection in San Antonio when suddenly a car runs a red light, causing you to swerve. You avoid hitting the red-light runner but clip a cyclist in the bike lane. Meanwhile, a distracted pedestrian steps off the curb without looking, causing another driver to brake suddenly and rear-end you. In the blink of an eye, you’re part of a multi-vehicle accident involving drivers, a cyclist and a pedestrian. In these types of scenarios, you need to know who is at fault and how much your role affects your legal options.
Piecing together the puzzle of fault
When a car accident occurs, multiple parties get involved to determine who is responsible. Police officers create detailed reports, documenting the scene, interviewing witnesses and reviewing traffic laws. Witness statements, security footage and physical evidence like skid marks and damage to vehicles all play a crucial role in reconstructing the events leading up to the crash.
These and other findings help assign blame and shape the course of insurance claims and legal proceedings.
Every percentage matters in Texas
Texas follows a “modified comparative negligence” rule. This rules allows you to recover damages even if you were partly to blame for a crash, as long as you were not more than 50% responsible. However, the amount you receive will be reduced in proportion to your percentage of fault.
For example, say you are awarded $10,000 in damages, but you are found to be 40% at fault. You would only receive $6,000. Further, Texas follows the 51 percent bar rule. If you are more than 50 percent at fault, you cannot recover damages. Because of this rule, insurance companies and at-fault parties will try to shift as much blame as possible onto you to reduce or avoid payouts. This is where having experienced legal help can make a big difference.
Protecting your rights after a crash
Even if you think you might be partially responsible after a serious car accident, don’t assume you have no options. The calculation of fault directly impacts your financial recovery after a crash, so it’s important to appreciate the importance of every detail. Getting legal support can help minimize your liability and maximize your compensation, putting you in a better position to move forward after an accident.