A number of factors determine who was at fault for your traffic accident in Austin, Texas, including what law enforcement officials conclude at the scene of the crash in their police report, as well as the damage to each vehicle. Talking to an Austin injury attorney after your crash will give you a better idea of what to expect under Texas' comparative negligence rule. 

How Fault Affects Compensation after a Traffic Accident in Austin, Texas

Since insurance company adjusters area most often the ones determining fault for an accident, you may find it beneficial to have an Austin injury attorney on your side. It is the adjuster's responsibility to evaluate the circumstances by looking at evidence, witness testimony, etc., but insurance adjusters are also most concerned with their company's bottom line. 

The process of determining fault for an accident is often tricky, particularly when the fault does not solely belong to one person. Fault may be designated to more than one party; for instance, you may be deemed 20% responsible for your crash while the other party is found 80% responsible.

Texas' comparative fault system particularly follows the 51% Rule. This states that if you are found to be more than 51% at fault for the accident, you cannot recover damages. This means that you would not be able to file an injury claim at all. If you are assigned any percentage lower than 51%, you will allow be allowed to file a claim, but your potential compensation will be reduced accordingly.

During this process, having an attorney on your side to help gather evidence and to look out for your interests can make all the difference in the outcome of your case.

Consult an Experienced Austin Car Accident Lawyer

Before you take the important step of hiring a lawyer, educate yourself about what you can expect from a Texas personal injury claim after your accident in Austin, Texas. Order this free guide for Texas accident victims and learn:  
  • What to ask a lawyer before hiring them to take your case.
  • The most common reasons a Texas personal injury claim will fail.
  • What you can do to protect your injury claim. 

Not every accident case requires the help of a car accident attorney. We can help you to determine whether yours is one of those cases! If you are ready to get started with your case, we urge you to contact us today for a FREE case evaluation – (512) 472-7799.

David Todd
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Austin Texas Eminent Domain Condemnation Attorney