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Determining Fault in A San Antonio Car Accident

Understanding Texas At-Fault Accident Laws

The Aguirre Law Firm, PLLC can help you determine fault in a car accident case. As a general rule in car accidents, the person who exhibited more negligence in the situation is at fault. Determining negligence will include taking into consideration:man pointing his finger at other driver

  • Whether the person was supposed to be where they were
  • Whether the injured person was also careless and to what degree
  • Whether a defective vehicle component is to blame
  • Whether the negligent party was on the job and therefore under a commercial insurance policy

A skilled San Antonio car accident attorney will look into these questions as well as other areas to help determine who is at fault in your auto accident case.

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Advocacy You Can Rely On

After a car accident occurs, focus begins to shift towards finding out who was at fault in causing the car accident. The police officer may issue a citation in the car accident for any traffic laws that have been violated. The officer may even assign blame to one of the parties. It is important to realize that insurance companies take into consideration various other factors when determining fault. So while the police officer may feel one party is to blame, the insurance company can see it a different way. We will have an understanding of the methods used by insurance companies to determine fault. Auto accident injury lawyers can help guide you through this sometimes confusing time and protect your rights as well.

Is Texas a No-Fault State for Car Accidents?

No. Texas is considered to be a "fault" state, which means that if you were injured in an accident or suffered damage to your property, you have the right to pursue compensation in several ways:

  • By filing a claim with your own insurance company (after which the company will most likely pursue their own claim against the responsible party's insurance company)
  • By filing a claim against the at-fault driver's insurance company
  • By pursuing a personal injury lawsuit against the responsible party

How Do You Determine Fault in a Car Accident Where No One Admits Fault?

Fault in some cases may be clear cut, but in others, fault may be shared to varying degrees. Even though you may not have received a traffic violation for the accident, you should keep in mind that you may still be assigned fault, or even partial fault, by the insurance company. It is important to seek the qualified counsel of an experienced San Antonio car accident lawyer if you are in a situation like this. You need to protect your rights and make sure you receive fair treatment from insurance companies.

Car Accident Fault FAQ

Q. How is fault determined in a left-turn car accident? - Some would argue that a driver who causes an accident by making a left turn in front of oncoming traffic is always the one at fault. However, this is not always the case. In certain situations the other driver may be found to have been driving too fast through the intersection at the time of the accident, or perhaps they ran a light altogether. You should always consult with an attorney before admitting fault in an incident.

Q. Who is at fault in a 3 car collision? - Liability for this type of accident, also known as a "chain reaction" collision, often comes down to how much fault each party had in the accident. For example, while the first driver may have stopped suddenly, causing the second driving to collide with them, the third driver may have been following too closely and was unable to stop in time, therefore resulting in them hitting the second driver. When determining liability in these types of cases, it's very important to have an experience car accident lawyer help you uncover the sequence of events that occurred leading up to the accident, and therefore help place blame where it belongs.

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A car accident attorney can guide you in which steps to take to build a strong case for your claim. Insurance adjusters are not going to collect or record certain evidences so it is important that you to hire a skilled San Antonio car accident attorney to do it for you. It will also be important to seek the proper medical care for your injuries. Even if you feel you may not be badly injured it is always a wise decision to get checked out by a physician.

We provide no-cost, no-pressure consultations regarding personal injury claims. This consultation does not create any obligation on your part. Contact us today to speak with The Aguirre Law Firm, PLLC.

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