When filing a personal injury claim in New Braunfels, Texas, understanding comparative fault assessment is crucial to securing fair compensation for your injuries. Comparative fault, also known as proportionate responsibility, determines how much each party involved in an accident contributed to causing the incident and resulting damages. This assessment directly impacts the amount of compensation you can recover from insurance companies and at-fault parties. In New Braunfels personal injury cases, insurers carefully examine evidence such as police reports, witness statements, traffic camera footage, and accident reconstruction analysis to assign fault percentages to each party involved. Related considerations include contributory negligence claims, where defendants argue the injured party shares responsibility; modified comparative fault rules that may bar recovery if you're found mostly at fault; insurance company tactics that attempt to shift blame; and the documentation required to prove another party's greater responsibility. Whether your case involves a vehicle collision on Interstate 35, a slip and fall at a local business, or a workplace injury, the comparative fault determination will significantly influence your insurance settlement negotiations and potential litigation outcomes, making it essential to understand how Texas law applies these principles to personal injury claims.

Legal Rights and Considerations

Under Texas Civil Practice and Remedies Code Section 33.001, the state follows a "modified comparative fault" rule, also known as the 51% bar rule, which allows injured parties to recover damages only if they are found to be 50% or less responsible for the accident. However, any compensation awarded will be reduced by the percentage of fault assigned to the claimant. New Braunfels residents pursuing personal injury claims must adhere to Texas's two-year statute of limitations for most personal injury actions, beginning from the date of injury. Insurance considerations include understanding that liability carriers will conduct thorough investigations to maximize your assigned fault percentage, potentially reducing their payout obligations. Available compensation may include economic damages such as medical expenses, lost wages, and property damage, as well as non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In cases where fault is disputed, expert testimony and comprehensive evidence documentation become critical to protecting your recovery rights. 

Related Resources

Local Courts:

• Comal County Courthouse, 150 N. Seguin Avenue, New Braunfels, TX 78130
• 22nd Judicial District Court (handles civil matters including personal injury cases)
• Comal County Court at Law

Support Services for Accident Victims:

• CHRISTUS Santa Rosa Hospital - New Braunfels, 600 N. Union Avenue, New Braunfels, TX 78130
• Resolana Hospital, 2502 Common Street, New Braunfels, TX 78130
• Victim Services Division, New Braunfels Police Department, (830) 221-4100
• Texas Department of Insurance Consumer Help Line: 1-800-252-3439

State Laws and Regulations:

• Texas Department of Transportation Traffic Laws: https://www.txdot.gov
• Texas Civil Practice and Remedies Code: https://statutes.capitol.texas.gov
• Texas Department of Insurance: https://www.tdi.texas.gov
• State Bar of Texas Legal Resources: https://www.texasbar.com

Return to the New Braunfels injury claim legal help page