San Marcos car accident victims can count on Carabin Shaw to handle their claims with compassion, skill, and strength.
Understanding Fault in Texas Car Accidents
Fault plays a central role in determining who pays for damages after a car accident in Texas — including medical bills, lost wages, and property repairs. If you’ve been injured in a crash in San Marcos or anywhere in Central Texas, knowing how fault is assigned and what it means for your case is critical to protecting your rights.
At Carabin Shaw, we’ve handled thousands of car accident cases across Texas. Here’s what you need to know about understanding fault and how it can affect your car accident claim in San Marcos.
More about our San Marcos car accident attorneys here
Texas Is a Fault State
Texas follows a “fault-based” system for car accidents. This means the person who caused the crash is legally responsible for paying damages. As an injured victim, you typically have three options:
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File a claim with your own insurance company (who may then pursue the at-fault driver’s insurer)
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File a third-party claim with the at-fault driver’s insurance provider
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File a personal injury lawsuit directly against the at-fault driver
In all three options, the key issue is proving who caused the accident — and by extension, who is financially responsible for your losses.
How Fault Is Determined in Texas
Fault is not always obvious. While some accidents — such as rear-end collisions or drunk driving crashes — may seem clear-cut, others involve complex scenarios with multiple vehicles or shared blame.
To determine fault, insurance companies and attorneys will examine:
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Police crash reports from the San Marcos Police Department or Texas DPS
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Eyewitness statements
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Photos and videos from the scene
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Surveillance or dash cam footage
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Accident reconstruction reports
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Vehicle damage and impact points
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Traffic laws and any violations involved
An experienced car accident attorney will conduct a thorough investigation to gather evidence and build a compelling case that supports your version of events.
Modified Comparative Fault Rule in Texas
Texas uses a “modified comparative fault” system when determining compensation. This rule allows injured parties to recover damages only if they are less than 51% at fault for the accident. If you are 51% or more responsible, you cannot recover any compensation.
Here’s how it works:
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If you’re 0% at fault, you may recover 100% of your damages
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If you’re 25% at fault, your recovery will be reduced by 25%
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If you’re 50% at fault, you can still recover, but only half of your total damages
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If you’re 51% or more at fault, you recover nothing
For example, if your damages total $100,000 and you’re found 20% at fault, you would be eligible to receive $80,000.
Why Fault Matters for Your Compensation
Fault doesn’t just determine who pays — it also directly impacts how much you get paid. Insurance companies know this and will often try to:
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Shift partial or full blame onto you
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Minimize the role their driver played
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Use your statements against you to increase your share of fault
The more fault they can assign to you, the less they have to pay. This is why having a skilled San Marcos car accident lawyer on your side is so important.
Common Causes of Fault in Texas Accidents
Understanding what actions typically result in fault can help you identify if the other driver was negligent. Common examples include:
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Distracted driving (texting, eating, GPS use)
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Speeding or reckless driving
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Failing to yield the right-of-way
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Running red lights or stop signs
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Driving under the influence of drugs or alcohol
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Tailgating or aggressive lane changes
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Driving while fatigued (common in commercial truck accidents)
If the other driver committed any of these infractions, they may be found at fault — and you may be entitled to full compensation for your losses.
Special Considerations: Multi-Vehicle Accidents
In a crash involving three or more vehicles — which is not uncommon on I-35 or Loop 82 in San Marcos — fault can be shared among multiple parties. For instance, a chain-reaction rear-end collision may involve several drivers, and assigning fault becomes more complex.
In these cases, each driver’s actions are evaluated to determine their percentage of fault. Your attorney’s ability to gather evidence and clearly demonstrate your role (or lack thereof) can be the deciding factor in whether you recover compensation.
How Carabin Shaw Can Help Prove Fault in Your Case
At Carabin Shaw, we dig deep into the details of your case to build a strong fault-based claim. Our legal team will:
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Investigate the scene and collect all available evidence
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Interview witnesses and law enforcement
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Work with accident reconstruction experts if needed
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Obtain all medical and repair documentation
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Handle communications with insurance companies
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Challenge any attempt to unfairly assign blame to you
We know that insurance companies often try to reduce or deny claims — and we’re prepared to fight back.
Don’t Admit Fault at the Scene
One of the most important things to remember after an accident is to avoid admitting fault, even if you think you contributed to the crash. Emotions run high, and it’s easy to say something that could later be used against you.
Instead:
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Call 911 and report the crash
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Exchange information with other drivers
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Take photos and gather evidence
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Get medical attention
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Call a lawyer before making any official statements
Let the investigation determine what really happened — and let your attorney handle the legal strategy.
Final Thoughts
Understanding fault in a Texas car accident is critical to your case. The person deemed at fault is responsible for covering damages, and your ability to recover compensation depends on proving the other party’s negligence. Texas’s modified comparative fault rules also mean that even partial fault can significantly reduce your recovery.
If you’ve been injured in a car accident in San Marcos, don’t leave your financial future to chance. Contact Carabin Shaw today for a free case review. We’ll explain your rights, investigate the crash, and fight for the compensation you deserve — with no fees unless we win.
Let me know when you’re ready for the final article in the series:
Why You Shouldn’t Talk to the Insurance Company Alone.
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