If you were hurt in San Angelo and someone suggests you were partially to blame, you are dealing with comparative fault. At Jeff Chandler Law, we help San Angelo injury victims understand how Texas’s modified comparative fault rule can reduce, or even bar, compensation depending on each party’s share of responsibility.
This locally focused guide from Jeff Chandler Law explains how Texas comparative fault works in real San Angelo injury claims. We cover fault percentages, practical examples, evidence that shifts the numbers in your favor, deadlines, and what steps to take after a crash or fall on roads like Loop 306, Sherwood Way, or Knickerbocker Road.
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Texas Comparative Fault Basics
Under Texas law, compensation is reduced by your percentage of fault. If you are 20 percent at fault and your damages total 100,000 dollars, your recovery can be reduced to 80,000 dollars. If you are more than 50 percent at fault, you are not eligible to recover. This is often called the 51 percent bar.
Comparative fault is not a fixed number. It is negotiated by insurance adjusters, influenced by the evidence, and, if needed, decided by a judge or jury. That means your actions after the incident and the quality of your proof can move the percentage up or down.
The 51 Percent Bar In Texas
If your fault is 51 percent or higher, you cannot recover damages from the other party. Staying at or below 50 percent is critical in any San Angelo injury claim, whether it is a rear-end collision on US 67 or a slip and fall at a local business.
How Fault Percentages Are Assigned
Insurers and juries consider many sources to assign percentages:
- Police crash reports, diagrams, and citations
- Witness statements and credibility
- Photos, video, and vehicle damage patterns
- Black box or event data recorder downloads
- Medical records that correlate injuries with the mechanism of impact
- Cellphone records, social media posts, and timeline evidence
How Comparative Fault Plays Out In San Angelo
Comparative fault surfaces in many everyday scenarios around Tom Green County. The details of the road, lighting, signage, and traffic patterns can matter as much as the conduct of each driver or property owner.
- Multi-vehicle collisions on Loop 306 on-ramps, where merging decisions and speed differentials complicate fault.
- Left-turn crashes on Sherwood Way, where right of way, turn signals, and gap selection come into play.
- Parking lot accidents along South Bryant Boulevard, where low speeds and mixed pedestrian traffic require extra vigilance.
- Premises liability incidents at retail locations where notice of a spill, warning signs, and cleanup protocols determine partial fault.
- Motorcycle and bicycle cases on Knickerbocker Road where visibility, lane positioning, and lookout are disputed.
Realistic Compensation Examples
- Example 1, partial fault at 20 percent: A jury values total damages at 120,000 dollars. Your net recovery would be 96,000 dollars after a 24,000 dollar reduction based on your fault percentage.
- Example 2, split fault at 50 percent: Damages are 80,000 dollars. Because you are at the 50 percent threshold, your claim can still recover 40,000 dollars.
- Example 3, barred recovery at 51 percent: Damages are 200,000 dollars. A finding of 51 percent fault means no recovery under the Texas comparative fault rule.
What To Do After An Accident When You May Be Partially At Fault
You can take steps that reduce your share of fault and protect a San Angelo injury claim.
- Seek medical evaluation promptly and follow all recommendations.
- Photograph the scene, vehicles, roadway, spill, or hazard from several angles.
- Identify and save contact information for witnesses.
- Preserve dashcam, surveillance, or phone video before it is overwritten.
- Avoid speculative statements and do not accept blame at the scene.
- Provide only necessary facts to insurers. Decline recorded statements until you have guidance.
- Keep damaged property, such as torn clothing or a fractured helmet, as physical evidence.
Dealing With Insurers In Partial Fault Situations
- Expect early comparative fault arguments. Adjusters may cite lane position, speed, or distraction to push your percentage higher.
- Ask for the evidence behind any fault claim, including photos, statements, and data downloads.
- Rebut with your own proof, such as intersection timing, skid measurements, or store cleaning logs.
- Document pain, limitations, and time off work to prevent low damage estimates that magnify the effect of a percentage reduction.
Evidence That Moves Your Fault Percentage
The right proof can shift a case from a 40 percent allegation to 10 percent or less. Focus on quality, not just quantity.
- Vehicle data: Event data recorders can show pre-impact speed, braking, and seatbelt use.
- Video sources: Nearby businesses on Beauregard Avenue and household doorbell cameras often capture crucial moments.
- Scene forensics: Skid marks, debris fields, and impact points help reconstruct angles and speeds.
- Human factors: Headlight use, line of sight, sun angle at certain times of day, and visibility of clothing or reflectors are frequently disputed.
- Maintenance and notice: In premises cases, inspection logs, prior complaints, and cleanup timing records are often decisive.
Common Mistakes That Increase Your Share Of Fault
- Posting about the crash or your activities on social media
- Signing blanket medical authorizations for opposing insurers
- Repairing or disposing of damaged items before documenting them
- Missing follow-up medical appointments that tie injuries to the event
- Ignoring traffic citations or deadlines that could be used as leverage
Key Texas Rules And Deadlines
Time limits are strict. Personal injury claims in Texas generally have a two year statute of limitations measured from the date of the incident. Notice deadlines may be shorter for claims involving government entities. Evidence also disappears quickly. Video is overwritten, vehicles are repaired, and witnesses move away. Acting promptly helps preserve proof that keeps your fault percentage low.
In addition to the basic rules, some claims involve special considerations:
- Commercial vehicle cases may require rapid preservation letters for logbooks, driver qualification files, and maintenance records.
- Premises liability cases often turn on surveillance retention policies and inspection schedules.
- Multi-defendant cases may involve different insurers who point fingers at each other while increasing your alleged share of fault.
Building A Comparative Fault Strategy At Jeff Chandler Law
Every comparative fault San Angelo case benefits from a structured plan that tests and challenges the other side’s allegations while amplifying evidence that reduces your responsibility.
- Develop a timeline anchored by phone records, store receipts, and traffic camera timestamps.
- Pin down the opposing theory of fault and force production of all supporting materials.
- Conduct a scene inspection at the same time of day and under similar conditions whenever possible.
- Use medical professionals, crash reconstructionists, or human factors professionals when the dispute turns on speed, visibility, or biomechanics.
- Quantify damages thoroughly so even a reduced recovery represents meaningful compensation.
Our Investigation Approach
- Identify every potential evidence source, including private video and third-party data.
- Secure vehicles and products for inspection before repairs or disposal.
- Interview witnesses early and obtain signed statements with diagrams or photos.
- Align medical documentation with the physics of the event to reinforce causation.
Settlement And Litigation Strategy
- Present a clear comparative fault analysis with visuals that show why your percentage is low.
- Address adjuster arguments directly with data-backed explanations.
- Prepare for trial from day one so negotiations reflect the real risks of a jury assigning fault improperly.
Long-Term Impact Of A Fault Percentage On Damages
Even a small percentage can cut thousands from a settlement. That is why tracking, testing, and correcting fault assumptions is vital at every stage.
- Economic damages: Wages, medical bills, and property loss are all reduced by your percentage.
- Non-economic damages: Pain and suffering are also reduced, and these numbers are often where disputes intensify.
- Future losses: If you need ongoing care, future damages must be fully modeled so percentage reductions do not erase necessary resources.
When Comparative Fault Is Misapplied
Sometimes, fault is assigned loosely or based on incomplete information. A quick conclusion that a pedestrian was inattentive or that a driver was speeding without corroborating data can unfairly inflate your percentage. Challenging such assumptions with measurements, downloads, and objective records often results in a better allocation.
Frequently Asked Questions
What is the Texas comparative fault rule, and how does it apply in San Angelo?
Texas uses a modified comparative fault rule. Your compensation is reduced by your share of fault, and if you are more than 50 percent at fault, you cannot recover. The same rule applies in San Angelo courts and negotiations with insurers.
If I was partially at fault, should I still file a San Angelo injury claim?
Yes. A partial fault does not automatically bar recovery. As long as your share is 50 percent or less, you can pursue compensation. The key is gathering evidence that lowers your percentage and proves the other party’s responsibility.
How do insurers calculate my fault percentage?
Insurers weigh police reports, statements, photos, vehicle damage, video, and data like black box downloads. Their initial assessment is not final. Additional evidence and effective advocacy can shift the percentage.
Will my settlement be reduced if I was not wearing a seatbelt?
Seatbelt use can affect the analysis of injuries and causation. The defense may argue that nonuse increased your harm. Courts consider these facts carefully, but they still must prove the connection between the nonuse and the specific injuries.
What if multiple people share fault in my accident?
Texas allows apportionment among several parties. Each party can be assigned a percentage. Your recovery is reduced by your own percentage, and other parties are responsible for their shares.
How soon should I talk to a lawyer after an accident where fault is disputed?
As early as possible. Evidence like surveillance video, dashcam footage, and vehicle data can be lost quickly. Early guidance helps preserve proof and prevents missteps in statements to insurers.
What kinds of evidence help most in a partial fault claim?
Objective sources carry weight. Event data recorders, surveillance video, phone records, store inspection logs, and photos taken immediately after the incident often have the strongest impact on the percentage assigned to you.
Move Your San Angelo Fault Percentage In The Right Direction
Comparative fault does not have to define your case. The sooner you build a record with facts, photos, and timelines, the stronger your position in negotiations or court. If your San Angelo injury claim involves partial fault, take action now to protect your recovery and your future.
Strengthen your percentage of fault position. Call (325) 309-5846 today.