Understanding Comparative Fault in Texas Personal Injury Cases
In the aftermath of an accident in San Antonio, victims often face an uphill battle against insurance companies that are determined to minimize their financial liability. One of the most common tactics employed by these companies is alleging that the injured party was partially at fault for the accident. This strategy, while frustrating, is not surprising given Texas’s adherence to the modified comparative fault rule, also known as the “51% bar rule.”
Under Texas Civil Practice and Remedies Code § 33.001, if you are found to be more than 50% responsible for an accident, you are barred from recovering any compensation. If you are found to be 50% or less at fault, your compensation will be reduced by your percentage of responsibility. For example, if you are awarded $100,000 in damages but are found to be 30% at fault, you would receive $70,000.
This legal framework gives insurance companies a powerful incentive to shift blame onto the injured party. The more fault they can assign to you, the less they have to pay—and if they can convince a judge or jury that you were more than 50% at fault, they pay nothing at all.
Common Scenarios Where Insurance Companies Falsely Assign Fault
Car Accidents
In San Antonio’s busy roadways like I-10, Loop 410, and Highway 281, car accidents are unfortunately common. Insurance adjusters might claim:
- You were speeding, even without evidence
- You were distracted (e.g., using your phone)
- You failed to yield right-of-way
- You made an improper lane change
- You were driving too fast for conditions during San Antonio’s rainy season
Premises Liability Cases
In slip and fall cases or other incidents occurring on someone else’s property, insurers often claim:
- Warning signs were posted that you ignored
- The hazard was “open and obvious”
- You were wearing inappropriate footwear
- You were distracted or not paying attention
- You were in an unauthorized area of the property
Workplace Injuries
Even though Texas doesn’t require most private employers to carry workers’ compensation insurance, in cases where third-party liability exists, insurers might claim:
- You weren’t following proper safety protocols
- You were improperly trained but proceeded anyway
- You were using equipment incorrectly
- You failed to use provided safety equipment
The Insurance Company Playbook: Tactics Used to Shift Blame to Victims
1. Immediate Recorded Statements
Within days or even hours of an accident, insurance adjusters may contact you requesting a recorded statement. They present this as a routine procedure to process your claim quickly, but in reality, they’re looking for any statement that could be interpreted as an admission of partial fault.
These adjusters are trained to ask leading questions that subtly guide you toward statements that could harm your case. For example, a question like “Did you see the other car before the collision?” could be used against you regardless of your answer. If you say yes, they might argue you had time to avoid the accident. If you say no, they might claim you weren’t paying attention.
2. Social Media Surveillance
Insurance companies routinely monitor claimants’ social media accounts for any posts, photos, or check-ins that could be used to dispute their claims. Something as innocent as a photo of you smiling at a family gathering could be used to argue that your injuries aren’t as severe as claimed. Similarly, a check-in at a location in San Antonio might be used to suggest you were engaged in activities inconsistent with your alleged injuries.
3. Selective Use of Evidence
Insurance companies may cherry-pick evidence that supports their narrative while downplaying or ignoring evidence that strengthens your case. For instance, they might focus on a minor traffic violation on your part while minimizing the fact that the other driver ran a red light or was texting while driving.
4. Misrepresenting Texas Law
Some adjusters may misrepresent aspects of Texas’s comparative fault laws, hoping you’ll be intimidated or confused enough to accept a lower settlement than you deserve. They might suggest that even a small percentage of fault on your part completely invalidates your claim, which is simply not true under Texas law.
5. Rushed Settlement Offers
Insurance companies often make quick, lowball settlement offers before you’ve had a chance to fully understand the extent of your injuries or consult with an attorney. They know that once you accept a settlement, you cannot seek additional compensation, even if your injuries turn out to be more serious than initially thought.
Strategic Responses to Combat False Fault Allegations
1. Preserve All Evidence From the Accident Scene
The strongest defense against false allegations of fault is solid evidence. If you’re physically able to do so after an accident, take these steps:
- Take photographs of the accident scene from multiple angles
- Capture any relevant road conditions, traffic signals, or hazards
- Photograph all vehicles involved, focusing on points of impact
- Get contact information from all witnesses
- Note the presence of any traffic or security cameras that might have captured the incident
In San Antonio, heavy traffic on major thoroughfares often means accidents have witnesses. Their testimony can be invaluable in establishing what really happened.
2. Report the Accident Properly
File a police report, even for accidents that seem minor. In San Antonio, you can request a copy of your accident report online through the San Antonio Police Department’s Records Office.
When talking to police, stick to the facts without speculating about fault. If you’re unsure about something, it’s perfectly acceptable to say, “I’m not certain.” Never apologize or make statements that could be interpreted as accepting blame.
3. Seek Immediate Medical Attention
Visit a healthcare provider promptly after an accident, even if you believe your injuries are minor. Some injuries, particularly those involving soft tissue or head trauma, may not be immediately apparent. Medical records created soon after an accident establish a clear link between the accident and your injuries, making it harder for insurance companies to claim your injuries were pre-existing or occurred elsewhere.
San Antonio has several excellent trauma centers and emergency rooms, including University Hospital and Baptist Medical Center, that can provide thorough documentation of your injuries.
4. Limit Communications With Insurance Companies
Decline to give recorded statements without legal representation. If you must speak with an adjuster, keep conversations brief and factual. Never speculate about the cause of the accident or your degree of fault. Remember that anything you say can and will be used to minimize your claim.
Instead, direct all communication through your attorney once you have legal representation. This creates a buffer that protects you from inadvertently saying something that could harm your case.
5. Document Your Damages Thoroughly
Keep detailed records of all accident-related expenses, including:
- Medical bills and prescription costs
- Rehabilitation expenses
- Lost wages and impacts on earning capacity
- Property damage and repair costs
- Transportation expenses to and from medical appointments
- Costs of any needed household help or modifications
The more thoroughly you document your damages, the harder it is for insurance companies to dispute them.
6. Consult With an Experienced San Antonio Personal Injury Attorney
Perhaps the most effective strategy against false fault allegations is to have skilled legal representation. An experienced personal injury attorney in San Antonio will:
- Understand local traffic patterns, accident hotspots, and common scenarios that lead to accidents in the area
- Be familiar with Texas’s comparative fault laws and how they apply to your specific case
- Have experience dealing with the specific insurance companies and adjusters involved in your claim
- Know how to gather and preserve evidence that supports your version of events
- Be able to engage accident reconstruction experts if needed to establish fault
- Have negotiation skills to counter insurance company tactics
Legal Strategies Your Attorney May Employ
1. Conducting an Independent Investigation
A skilled personal injury attorney won’t rely solely on the police report or the insurance company’s investigation. They’ll conduct their own thorough investigation, which might include:
- Returning to the accident scene to gather additional evidence
- Interviewing witnesses who may have been missed in the initial investigation
- Obtaining footage from traffic or security cameras
- Consulting with accident reconstruction experts
- Examining vehicle damage to establish the mechanics of the collision
- Researching the other party’s driving history or previous incidents
2. Using Expert Witnesses
Expert witnesses can provide testimony that directly counters claims that you were partially at fault. Depending on your case, your attorney might engage:
- Accident reconstruction specialists who can demonstrate how the accident occurred
- Medical experts who can testify about the nature and cause of your injuries
- Engineering experts who can identify defects in roadways or buildings
- Human factors experts who can explain perception and reaction time
Expert testimony carries significant weight in both settlement negotiations and at trial.
3. Filing Strategic Motions
Your attorney may file motions to exclude certain evidence or testimony that unfairly suggests you were partially at fault. For example, they might file a motion in limine to prevent the defendant from mentioning irrelevant aspects of your past that might prejudice a jury against you.
4. Demonstrating the Other Party’s Negligence
Your attorney will work to establish that the other party was negligent by proving the four key elements:
- Duty: The other party had a duty to act reasonably
- Breach: They failed to meet that duty
- Causation: Their failure directly caused the accident
- Damages: You suffered harm as a result
The stronger the evidence of the other party’s negligence, the harder it is for insurance companies to shift blame to you.
5. Leveraging Knowledge of Local Courts and Precedents
An attorney familiar with San Antonio courts will know how local judges tend to rule on certain matters and what arguments have been successful in similar cases. This knowledge can be invaluable in developing a strategy that counters false allegations of fault.
The Importance of Timing in Combating Fault Allegations
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, waiting until the deadline approaches to address false fault allegations is a serious mistake. The earlier you consult with an attorney, the more effectively they can counter these claims.
Evidence disappears, memories fade, witnesses move away, and electronic records may be deleted over time. Acting promptly allows your attorney to secure and preserve critical evidence before it’s lost.
Real-World Success Stories from San Antonio Cases
While respecting client confidentiality, many San Antonio personal injury attorneys have successfully fought against false allegations of fault. For example:
- A case where an insurance company initially claimed their client was only 30% at fault for running a red light, but video evidence secured by the plaintiff’s attorney proved the defendant was 100% at fault
- A premises liability case where store surveillance footage contradicted the business’s claim that adequate warning signs were present
- A rear-end collision case where the defense initially claimed the plaintiff stopped suddenly without cause, but black box data from the defendant’s vehicle showed they were traveling well above the speed limit before the collision
These success stories underscore the importance of having skilled legal representation when facing allegations of comparative fault.
Conclusion: Stand Firm Against False Allegations
When you’re injured in an accident in San Antonio, you deserve fair compensation for your injuries and losses. Don’t let false allegations of fault intimidate you into accepting less than you deserve.
By understanding insurance company tactics, preserving evidence, limiting communications, documenting damages, and working with an experienced personal injury attorney, you can effectively combat attempts to unfairly shift blame onto you.
Remember that insurance companies are for-profit businesses with a financial interest in minimizing payouts. Their initial assessment of fault is not the final word—it’s simply the opening move in a negotiation process. With the right approach and representation, you can overcome false allegations of fault and secure the compensation you rightfully deserve under Texas law.
If you’ve been injured in San Antonio and are facing accusations of partial fault from an insurance company, contact Ryan Orsatti Law for a confidential consultation to discuss your case and explore your options for countering these allegations.
