You Were Hit But Also Made a Mistake – Can You Still Get Compensation?

Picture this: you’re driving through a busy intersection when another car runs a red light and hits you. But here’s the catch – you were going 10 mph over the speed limit when it happened. Does your speeding mean you can’t recover damages for your injuries and vehicle damage? In Texas, the answer depends on how much fault is assigned to you under the state’s comparative negligence laws.

If you’re dealing with injuries from a car accident where fault isn’t clear-cut, you’re not alone. Many accident victims worry that their own actions – however minor – might prevent them from getting the compensation they need for medical bills, lost wages, and other damages. The good news is that Texas law recognizes that accidents rarely involve just one person’s mistakes.

💡 Pro Tip: Document everything at the accident scene, even if you think you might share some blame. Take photos, get witness contact information, and avoid admitting fault – let the investigation determine responsibility.

Don’t let a small mistake stall your path to fair compensation. Wyatt Law Firm is here to help you navigate these complex fault determinations. Give us a call at 210-972-9279 or contact us today for guidance.

Understanding Your Rights When You Need a Motor Vehicle Accident Attorney in San Antonio

Texas follows a modified comparative negligence system with a 51% bar rule, which means you can still recover damages as long as you’re 50% or less at fault for the accident. This legal framework recognizes that multiple parties often contribute to accidents, and it allows victims to recover compensation proportional to their degree of fault. When working with a motor vehicle accident attorney in San Antonio, understanding this rule becomes crucial for setting realistic expectations about your potential recovery.

The impact on your compensation is straightforward but significant. If your total damages amount to $100,000 and you’re found 20% at fault, you’ll receive $80,000 – your damages reduced by your percentage of fault. However, if you’re found 51% or more at fault, you recover nothing under Texas law. This makes the difference between being 50% and 51% at fault potentially worth tens or hundreds of thousands of dollars.

Your actions before, during, and after the accident all matter when determining fault percentages. Common behaviors that might increase your share of fault include speeding, following too closely, texting while driving, or failing to signal a lane change. Even seemingly minor infractions can affect your case, which is why having experienced legal representation becomes essential for protecting your rights.

💡 Pro Tip: Never assume you’re too much at fault to recover damages. Insurance companies often try to assign more blame to victims than warranted. An experienced attorney can challenge these assessments and fight for a fair determination of fault.

The Path from Accident to Settlement: What to Expect

Understanding the timeline of a comparative negligence case helps you prepare for what lies ahead. The process typically unfolds over several months, with each phase playing a crucial role in determining fault percentages and your ultimate recovery. Most cases follow a predictable pattern, though complex liability issues can extend timelines.

• Immediate aftermath (0-7 days): Report the accident to police and your insurance company. Seek medical treatment for all injuries, even those that seem minor. According to Texas Department of Transportation data, there were 39,805 total crashes in San Antonio during 2024, resulting in 170 fatalities – prompt medical care can prevent you from becoming a statistic.
• Investigation phase (1-3 months): Insurance companies conduct their investigations, often trying to shift more blame onto you. This is when having a Texas motor vehicle accident attorney becomes invaluable – they can conduct an independent investigation to counter biased insurance company findings.
• Negotiation period (3-6 months): Armed with evidence, your attorney negotiates with insurance companies to reach a fair settlement that accurately reflects each party’s degree of fault. Most cases settle during this phase.
• Litigation if necessary (6-18 months): If negotiations fail, filing a lawsuit may be necessary. Texas law requires filing within two years of the accident date – don’t wait until the last minute to seek legal help.

💡 Pro Tip: Keep a detailed journal of your injuries, medical appointments, and how the accident affects your daily life. This documentation can be powerful evidence when negotiating your fault percentage and damages.

Fighting for Fair Fault Determination with a San Antonio Car Accident Lawyer

Successfully challenging fault determinations requires a strategic approach backed by solid evidence. Insurance companies have teams of adjusters and attorneys working to minimize their payouts, often by inflating your percentage of fault. A motor vehicle accident attorney in San Antonio levels the playing field by building a compelling case that accurately represents what happened.

Evidence collection forms the foundation of any successful comparative negligence case. This includes police reports, witness statements, surveillance footage, vehicle damage assessments, and accident reconstruction when necessary. Wyatt Law Firm understands how to gather and present this evidence effectively, often uncovering details that shift fault percentages in your favor. Their approach focuses on painting a complete picture of the accident circumstances rather than accepting initial fault assignments at face value.

The negotiation process requires both legal knowledge and practical experience with insurance company tactics. Insurers might claim you were distracted, speeding, or otherwise negligent based on minimal evidence. Your attorney can challenge these assertions by presenting counter-evidence and highlighting the other driver’s more significant violations. This back-and-forth often results in more favorable fault determinations than victims could achieve on their own.

💡 Pro Tip: Be cautious about giving recorded statements to insurance companies without legal representation. Even innocent comments can be twisted to increase your assigned fault percentage.

Real-World Examples: How Fault Percentages Work in Texas

Understanding how courts and insurance companies assign fault becomes clearer through real-world scenarios. Consider a rear-end collision where the trailing driver is typically at fault. However, if the lead driver suddenly slammed on their brakes for no reason or had broken taillights, they might share 20-30% of the fault. These nuances matter tremendously when seeking help from a motor vehicle accident attorney in San Antonio.

Intersection Accidents and Shared Responsibility

Intersection collisions often involve complex fault determinations. Imagine one driver runs a red light while the other enters the intersection slightly early on a yellow light. The red-light runner might bear 80% fault while the other driver carries 20%. With $50,000 in damages, the driver who entered early would still recover $40,000. This scenario demonstrates why you shouldn’t assume you can’t recover compensation just because you made a minor error.

💡 Pro Tip: Traffic camera footage from nearby businesses can provide crucial evidence in intersection accidents. Your attorney can help secure this footage before it’s deleted or overwritten.

Protecting Your Rights After a Multi-Fault Accident

The moments and days following an accident where you might share fault are critical for protecting your legal rights. What you say and do can significantly impact fault determinations later. Many accident victims inadvertently harm their cases by apologizing at the scene or discussing the accident on social media. When you need to consult a lawyer about comparative and contributory negligence issues, having protected your position from the start makes their job easier and your recovery more likely.

Insurance Company Tactics to Watch For

Insurance adjusters are trained to look for ways to shift fault onto accident victims. They might ask leading questions designed to elicit admissions of guilt or request recorded statements when you’re still shaken from the accident. Understanding contributory and comparative negligence laws helps you recognize when insurers are trying to unfairly increase your fault percentage. Common tactics include misrepresenting traffic laws, exaggerating the significance of minor violations, or claiming you could have avoided the accident entirely.

💡 Pro Tip: Always review police reports for accuracy. Officers sometimes make mistakes that incorrectly suggest you were more at fault than you actually were.

Frequently Asked Questions

Understanding Fault and Recovery in Texas

Many accident victims have similar concerns about how partial fault affects their ability to recover damages. These questions address the most common worries and misconceptions about Texas’s comparative negligence system.

💡 Pro Tip: Write down all your questions before meeting with an attorney. This ensures you get all the information you need to make informed decisions about your case.

Taking Action After a Shared-Fault Accident

Knowing what steps to take when you might share some blame for an accident can make the difference between a successful claim and a denied one. These answers provide practical guidance for protecting your rights.

💡 Pro Tip: Don’t let fear of partial fault prevent you from seeking medical treatment immediately. Your health comes first, and gaps in treatment can be used against you later.

1. Can I still hire a motor vehicle accident attorney in san antonio if I was partially at fault?

Yes, absolutely. As long as you’re 50% or less at fault under Texas law, you can still recover damages. Experienced attorneys understand comparative negligence cases and can help minimize your assigned fault percentage while maximizing your recovery. Many cases that seem hopeless initially result in substantial settlements once all evidence is properly evaluated.

2. How do insurance companies determine fault percentages in San Antonio car accident cases?

Insurance companies consider police reports, witness statements, physical evidence, traffic violations, and sometimes accident reconstruction analyses. They look at factors like speed, right of way, traffic control compliance, and vehicle positions. However, their determinations aren’t final – an attorney can challenge these assessments with additional evidence and legal arguments.

3. What if I’m found to be exactly 50% at fault for my accident?

In Texas, being 50% at fault still allows you to recover damages, just reduced by half. You would receive 50% of your total damages. However, if you’re found 51% at fault, you receive nothing. This one percentage point difference makes fighting for accurate fault determination crucial to your case’s success.

4. How long do I have to file a motor vehicle accident lawsuit in Texas?

Texas has a two-year statute of limitations for personal injury claims from car accidents. This means you must file your lawsuit within two years of the accident date. However, building a strong comparative negligence case takes time, so it’s best to contact an attorney as soon as possible rather than waiting.

5. Will my own traffic violation automatically make me unable to recover damages?

No, a traffic violation doesn’t automatically bar recovery. The key question is whether your violation actually contributed to causing the accident. For example, if you were speeding but someone else ran a red light and hit you, your speeding might not have contributed to the collision at all. Each case requires individual analysis of causation and comparative fault.

Work with a Trusted Motor Vehicle Accidents (MVA) Lawyer

When facing a car accident case involving shared fault, having knowledgeable legal representation can mean the difference between recovering fair compensation and walking away empty-handed. The 50% fault rule in Texas creates a critical threshold that requires careful navigation of evidence, negotiations, and legal arguments. An experienced motor vehicle accident attorney brings the skills and resources necessary to challenge unfair fault assignments and maximize your recovery within the comparative negligence framework. They understand how to present your case in the most favorable light while countering attempts to inflate your percentage of fault. If you’ve been injured in an accident where fault is disputed, don’t let concerns about partial responsibility prevent you from seeking the compensation you deserve.

Don’t get tangled up in the maze of fault determination—Wyatt Law Firm is ready to help you today. For straightforward advice, dial 210-972-9279 or contact us to explore your options.