Car Accident Claims in San Antonio: How Fault Is Decided and What Affects Claim Value

Most car accident claims are won or lost on two questions: who caused the crash, and how badly it hurt. Fault is argued from the kind of collision it was, such as a rear-end crash, a left turn, a red light or a lane change, and each kind has its own Texas rule. The injury side turns on medical records, how soon treatment began and what the insurer says caused the pain. An auto accident attorney in San Antonio can explain the process that applies to every crash, and our general guide covers it. This page covers the part that is specific to passenger-car collisions: how fault is decided in the common crash types, the evidence that proves it, why injuries that appear late matter, how insurers argue and what affects the value of a claim.

It applies to drivers and passengers hurt in a collision between passenger vehicles, and to families who have lost someone. If the crash involved a commercial truck, a rideshare driver, a motorcycle or an impaired driver, a more specific guide is linked below.

How Fault Is Decided in Common Car Crashes

• Rear-end collisions. A driver following another vehicle must keep an assured clear distance, enough that considering speed, traffic and road conditions the driver can stop safely without hitting the vehicle ahead (Transportation Code Section 545.062). The driver in front can still share fault, for example after a sudden stop with no reason or in a chain-reaction crash, so the facts decide.
• Left turns. The turning driver must give way to oncoming traffic that is already in the intersection or near enough to be a hazard, and the same duty applies when turning into an alley, private road or driveway (Section 545.152).
• Red lights and green lights. A driver facing a steady red light must stop at the marked line or before the crosswalk. A driver facing a green light may proceed but must yield to vehicles already lawfully in the intersection (Section 544.007).
• Stop signs and uncontrolled intersections. A driver approaching a stop sign must stop at the marked line, the crosswalk or the point nearest the intersecting road with a view of traffic (Section 544.010). A driver required to yield who collides with the vehicle entitled to the right-of-way is presumed not to have yielded (Section 545.151).
• Lane changes and merging. A driver on a road with marked lanes should stay in one lane as nearly as practical, and a move into another lane is allowed only when it can be made safely (Section 545.060). Sideswipes and blind-spot crashes are decided on that rule.
• Backing and parking lots. A driver may back up only if it can be done safely and without interfering with other traffic (Section 545.415).
• Speed. A driver may not go faster than is reasonable and prudent under the circumstances, and must slow when approaching an intersection, a curve, a hill crest or another hazard (Section 545.351). A crash below the posted limit can still involve unsafe speed.
• Texting. It is an offense to read, write or send an electronic message on a portable wireless device while driving, unless the vehicle is stopped. There are listed defenses, including hands-free use and navigation (Section 545.4251). Phone records can show whether a driver was texting at the time.
• Hit and run and impairment. A driver who flees a crash that hurt someone commits a criminal offense (Sections 550.021 and 550.023). If the driver was impaired, our guide to drunk driving accident claims covers the added issues.

In a crash with no independent witness, each driver will say the other was at fault. The physical evidence, the traffic signal timing, the damage patterns and the data from the vehicles are what separate the accounts.

Evidence That Proves Fault

• The crash report. When a crash causes injury or death, the investigating officer must file a written report within 10 days (Section 550.062), and a person involved can order Form CR-3 from the Texas Department of Transportation. Read it for errors in the diagram, the contributing factors and the witness list.
• Photographs. The vehicles from every angle, the license plates, skid marks, debris, signals, signs, sight lines and your injuries.
• Video. Traffic cameras, businesses, homes and other drivers’ dash cameras may record over footage within days.
• Vehicle data. Many newer vehicles record speed, braking, steering and seat belt status around a crash. In Texas that data may be retrieved by someone other than the vehicle’s owner only in limited situations, including the owner’s consent or a court order (Section 547.615), which is why a preservation letter early matters.
• Phone records. They can show a call or message at the time of the crash, and they are usually obtained through a preservation request and then a subpoena.
• Witnesses. Names and phone numbers of anyone who saw the crash, collected at the scene.
• Medical records. EMS, emergency room and follow-up records tie the injuries to the crash.

Injuries That Appear Late, and Why Treatment Records Matter

Neck and back strains, concussions and joint injuries often do not announce themselves at the scene. Adrenaline can hide pain, and symptoms may appear or worsen over days. Insurers know this, and they point to a gap between the crash and the first appointment, or between appointments, to argue that something else caused the pain. See a doctor soon after the crash, tell the provider about every symptom, and follow the treatment plan. Our guide to traumatic brain injury claims covers head injuries, which are easy to miss at first.

How Insurers Argue Fault and Injury

An adjuster will usually look for a reason to reduce what the company pays. The common arguments are that you were speeding or braked suddenly, that you were not wearing a seat belt, that the vehicle damage was too small to have hurt anyone, that you waited too long to see a doctor, or that your pain comes from an earlier condition. A statement you give in the first days is often used to support one of them.

Fault matters because of how Texas divides it. A claimant found more than 50 percent responsible cannot recover, and a lower percentage reduces the award by that percentage (Civil Practice and Remedies Code Sections 33.001 and 33.012). Evidence of whether a plaintiff wore a seat belt is admissible when relevant to dividing responsibility (Nabors Well Services v. Romero, 456 S.W.3d 553 (Tex. 2015)). An argument about your conduct does not end the claim, and the evidence on fault decides how much of it counts.

What Affects the Value of a Car Accident Claim

No formula in Texas law turns medical bills into a settlement figure. The value depends on the evidence, and these are the factors that move it.

• The injury and its course. How severe it is, how long treatment lasts, whether surgery or therapy is needed and whether the effects are permanent.
• Medical expenses. The bills count to the extent they were actually paid or incurred (Civil Practice and Remedies Code Section 41.0105), and future care needs a doctor’s support.
• Lost income and earning capacity. Pay missed during recovery, and a reduced ability to earn later.
• Pain, mental anguish, impairment and disfigurement. These are decided by the jury or negotiated on the evidence, not calculated by a formula.
• Fault. Any percentage assigned to you reduces the total, and more than 50 percent bars recovery.
• The insurance available. The minimum liability limits in Texas are $30,000 for one person, $60,000 for all injured people in a crash and $25,000 for property damage (Transportation Code Section 601.072), so the policy limits often shape what can be collected. Your own coverage may add to it.

Our injury settlement estimator gives a general range, and it is not a substitute for a lawyer’s review of your records. Our post on car accident damages in Texas covers the categories in more detail.

Insurance That May Pay After a Car Crash

• The other driver’s liability coverage. It pays up to its limits for the damage the other driver caused.
• Your own uninsured and underinsured motorist coverage. Unless the named insured rejected it in writing, an auto policy includes this coverage (Insurance Code Section 1952.101). It can make up part of the difference when the at-fault driver has no insurance or too little, up to your policy limit (Section 1952.106). If the at-fault driver is never found, it generally requires that the vehicle touched you or your vehicle (Section 1952.104).
• Personal injury protection. It covers reasonable medical expenses and, for an income earner, lost income, for the named insured, household members and authorized occupants of the insured vehicle, including a guest occupant (Insurance Code Section 1952.151). A policy includes it unless the named insured rejected it in writing (Section 1952.152).
• Medical payments and health insurance. Check your policy for medical payments coverage, and tell your lawyer about your health insurance, because the plan may have a claim to be repaid from a recovery.

Your Vehicle, the Rental and the Release

Repairs, a total loss payment and a rental car are handled separately from the injury claim, often by a different adjuster. Do not sign a release for the vehicle until you have read it. A release that covers all claims can end your injury claim, even if the form is presented as vehicle paperwork. Photograph the vehicle before any repair, keep the estimates and the rental receipts, and ask a lawyer to read any release before you sign.

Deadlines

Texas gives an injured person two years to file suit, counted from the crash or, if the crash was fatal, from the date of death (Civil Practice and Remedies Code Section 16.003). A claim against a government entity, such as one involving a city vehicle, has a much shorter notice period. Our guide to government vehicle accident claims covers it.

What This Means for Your Bexar County Case

1. Call 911, get medical care and tell every provider about every symptom, including ones that seem minor.
2. Photograph the scene, the vehicles and your injuries. Collect the other driver’s name, plate and insurer, the names of witnesses and the report number.
3. Do not discuss fault or apologize at the scene, and report the crash to your own insurer with basic facts only.
4. Do not give a recorded statement or accept a quick offer from the other driver’s insurer before speaking with a lawyer.
5. Keep going to treatment and follow your doctor’s plan, and keep a record of pain, missed work and bills.
6. Ask a lawyer to send a preservation letter for video, vehicle data and phone records.
7. Read every release before signing it, including one for the vehicle, and find every policy that may apply: the other driver’s, your own and your health insurance.

More About Car Accident and Related Claims

These guides cover related questions.

• steps after a car accident: what to do in the first days.
• 18-wheeler accident claims: crashes involving commercial trucks.
• rideshare accident claims: crashes involving an Uber or Lyft driver.
• motorcycle accident claims: lane rights, helmets and fault for riders.
• bicycle and pedestrian accident claims: crashes where a driver hits a person on foot or on a bike.
• wrongful death claims: claims by families after a fatal crash.
• Texas personal injury statute of limitations: the filing deadlines in detail.

Why San Antonio Clients Choose Barton & Associates for Car Accident Cases

Barton & Associates has tried Texas cases since 2001. The firm’s trial attorneys include Gary J. Barton, who founded the firm after serving as a Bexar County prosecutor and has tried more than 100 cases to a jury, and Jim Erickson, a senior trial attorney who has tried more than 250 cases to a jury verdict. A car accident case turns on how the collision happened and how fault is divided, what the records show about the injury and which policies are in play, so we start there and tell you plainly what each choice risks.

We cannot promise a result. What we can do is tell you what the statutes require, what we recommend and what each choice risks. The first consultation is free and confidential. Our San Antonio office is at 115 Camaron Street, San Antonio, Texas 78205. You can get directions to our office before your visit. For the first meeting, bring what you can of the following, and call even if you cannot find everything.

• The crash report or report number, and any citation
• Photographs and video of the scene, the vehicles and your injuries
• Repair estimates, a total loss notice or rental receipts
• The other driver’s name, license plate and insurance information, and the names of witnesses
• Your own auto insurance policy and declarations page
• Medical records, bills and explanation of benefits statements
• Pay stubs or an employer letter showing missed work
• A calendar of your key dates and deadlines

Frequently Asked Questions

Who is at fault in a rear-end collision in Texas?

Often the driver in the rear, because a following driver must keep an assured clear distance that allows a safe stop (Transportation Code Section 545.062). It is not automatic. If the front driver stopped suddenly without reason, or the crash was a chain reaction, fault can be shared, and the evidence decides how it is divided (Civil Practice and Remedies Code Sections 33.001 and 33.012).

Who is at fault when a car turns left in front of another car?

Usually the turning driver, who must yield to an oncoming vehicle in the intersection or close enough to be a hazard (Transportation Code Section 545.152). The other driver can still share fault, for example for speeding or running a light, so the speed, the signal and the timing matter.

How is fault proved when it is my word against the other driver’s?

With evidence that does not depend on either driver: traffic and business video, the vehicles’ damage patterns, skid and scrape marks, signal timing, witnesses, vehicle data and phone records. Photograph everything at the scene, and ask a lawyer to send preservation letters early, because video is recorded over and data is overwritten.

Does texting while driving matter to my claim?

It can. Texas prohibits reading, writing or sending an electronic message on a portable wireless device while driving, unless the vehicle is stopped, subject to listed defenses such as hands-free use and navigation (Transportation Code Section 545.4251). A violation does not decide a civil claim by itself, but phone records showing a message at the time of a crash can be strong evidence of distraction.

Can I still recover if I was not wearing a seat belt?

Possibly. Evidence of whether you wore a seat belt is admissible when it is relevant to dividing responsibility (Nabors Well Services v. Romero, 456 S.W.3d 553 (Tex. 2015)), so the insurer will raise it. It goes to how severe an injury was and not to who caused the crash, and any share of fault assigned to you reduces the award, or bars it if it is more than 50 percent (Civil Practice and Remedies Code Sections 33.001 and 33.012).

What if my symptoms started days after the crash?

That is common with neck and back strains and concussions. See a doctor as soon as you notice symptoms, describe all of them, and say that they started after the crash. A gap in treatment gives the insurer room to argue that something else caused the pain, so keep appointments and follow the plan.

The insurer says there was too little damage to my car for me to be hurt. Is that right?

Not necessarily. Vehicle damage is one piece of evidence and is not a measure of what the people inside experienced. Photographs, repair estimates, the medical records and the way your symptoms developed all bear on the question, and a doctor can address whether the injury fits the crash.

How much is my car accident claim worth in Texas?

It depends on the injury and its course, the medical bills actually paid or incurred (Civil Practice and Remedies Code Section 41.0105), lost income, the pain and impairment, the percentage of fault assigned to you and the insurance limits available. No formula multiplies medical bills by a number. A lawyer can review your records, and our injury settlement estimator gives a general range.

Should I give the other driver’s insurer a recorded statement or accept the first offer?

Not before you have spoken with a lawyer. Early statements are used to support arguments about fault and about the cause of your injuries, and an early offer may come before the full extent of the injury is known. Report the crash to your own insurer with basic facts, and refer the other insurer to your lawyer.

I was a passenger. Who can I claim against?

Possibly either driver, depending on who caused the crash, and the vehicle’s personal injury protection coverage may help with medical expenses and lost income (Insurance Code Section 1952.151). If the driver of your own vehicle was partly at fault, that driver’s liability insurance may be one source. A lawyer can sort out which policies apply.

Can the data from the other car be used?

Sometimes. Many newer vehicles record speed, braking, steering and seat belt status. Texas generally allows someone other than the vehicle’s owner to retrieve that data only in limited situations, including the owner’s consent or a court order (Transportation Code Section 547.615), so the data should be preserved quickly with a letter and then obtained through the proper process.

How long do I have to file, and what can I recover?

You have two years to file suit, counted from the crash or from the date of death in a fatal crash (Civil Practice and Remedies Code Section 16.003). The claim can cover medical care now and later, lost pay and earning power, pain and mental anguish, impairment, disfigurement and the damage to your car. Only medical bills actually paid or incurred count (Section 41.0105), and any fault assigned to you comes off the total.

What should I bring to the first meeting about a car accident?

Bring the crash report or report number, photographs and video, repair estimates or a total loss notice, the other driver’s information and witness names, your own auto policy, medical records and bills, and proof of missed work. Call even if some records are missing.

Talk With a San Antonio Car Accident Attorney

Video is recorded over, cars are repaired and the other side’s insurer will already be building its file. Speak with a San Antonio car accident attorney at Barton & Associates before you give a statement or sign anything.

Call our San Antonio office at 210-500-0000 or complete the online Free Consultation form to schedule a confidential meeting about your car accident claim. The office is at 115 Camaron Street, San Antonio, Texas 78205.

Main Category: Personal Injury
Practice Area Category: Motor Vehicle Accidents
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000