Car Accident Proportionate Responsibility

San Antonio Auto Accident Injury Attorney Michael Grossman Explains Proportionate Responsibility in a Car Accident

People who are seeking compensation after an auto accident often believe that, if they are even slightly responsible for their own injuries, that they cannot seek compensation through a personal injury lawsuit or an insurance claim.

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But Texas law includes a system of proportionate responsibility that allows victims to seek compensation in these conditions. In a large percentage of car accidents involving two or more vehicles, both drivers were partially responsible for the accident. But due to proportionate responsibility, you can often still seek compensation even if you are partially liable for your own injuries.

If you are filing a personal injury lawsuit that includes proportionate responsibility, jurors will determine the extent of liability for both the defendant and the plaintiff (expressed as a percentage). If you are less than 51% liable for your accident, you can seek compensation through a lawsuit, according to Texas law. But there is no magic formula to determine proportionate responsibility. Proportionate responsibility is determined by jurors, which means that you need an experienced attorney who speaks the jury’s language to convince them that you were truly the victim of negligence and that you deserve compensation for your injuries.

Our lawyers have twenty years of experience helping victims of car accidents, and we have successfully resolved hundreds of cases involving proportionate responsibility. We know how to talk to juries and how to convince them that you really are a victim. If you are wondering whether you have a proportionate responsibility case, our lawyers can meet with you and discuss your options and estimate the extent of your liability. So contact experienced San Antonio traffic accident injury lawyer Michael Grossman today, and make sure you receive the compensation you deserve.


Some of Our Most Recent Successful Cases
$25,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for the victim of a car accident.
Total Recovery:
$25,000.00
Attorney Fees:
$8,250.00
Litigation Expenses:
$100.00
$125,055.00 Recovery - Automobile Accident (Back Injury Requiring Surgery)
Recovery for client who suffered a back injury resulting in surgery in a car accident.
Total Recovery:
$125,055.00
Attorney Fees:
$41,684.00
Litigation Expenses:
$435.00
$1,150,000.00 Recovery - Automobile Accident (Brain Injury)
(policy limits) Recovery for a child who suffered an in utero brain injury as a result of a rollover car accident.
Total Recovery:
$1,150,000.00
Attorney Fees:
$379,500.00
Litigation Expenses:
$20,000.00
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
Our attorneys were hired to investigate a fatal motor vehicle accident involving an 18-wheeler that claimed the lives of several men, the family of one in particular which our firm represented, felt that the official version of events as outlined in the police report was not an accurate portrayal of the facts and circumstances of the collision.

Our firm launched an investigation, the findings of which served as the basis for a subsequent lawsuit. We were able to determine that the defendant's accusations of contributory negligence on behalf of he driver of the vehicle did appear to be valid and plaintiffs conceded as much. However, the plaintiffs were adamant that the contributory negligence did not entirely overshadow the negligence on behalf of the defendant truck driver.

Through physical evidence and an admission of liability that our attorneys were able to importune from the defendant under oath, we were able to show that the defendant had indeed pulled into the path of the decedent's vehicle, which was of consequence irrespective of the decedent's own contributory negligence, and that icontact.com
Total Recovery:
$250,000.00
Attorney Fees:
$82,500.00
Litigation Expenses:
$10,000.00
$100,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for passenger of Uninsured Driver Injured in Head-On Crash.
Total Recovery:
$100,000.00
Attorney Fees:
$40,000.00
Litigation Expenses:
$2,500.00
$100,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for client injured in a car accident in Dallas.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$100.00
$75,000.00 Recovery - Workplace Accident (Soft-Tissue Injuries)
Recovery for worker who suffered soft tissue injuries when his fork lift was struck by a delivery truck.
Total Recovery:
$75,000.00
Attorney Fees:
$25,000.00
Litigation Expenses:
$350.00
$875,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Plaintiff suffered a back injury resulting in spinal fusion surgery when her car was rear-ended by an 18-wheeler. The defendants argued that the accident was unavoidable, thus denying liability. Litigation commenced and the case was satisfactorily resolved soon thereafter.
Total Recovery:
$875,000.00
Attorney Fees:
$288,750.00
Litigation Expenses:
$2,500.00
$2,000,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
The family of a deceased woman hired our firm following a fatal 18-wheeler accident. The fatal accident occurred as the driver of an 18-wheeler lost control of his vehicle and veered out of his lane, resulting in a massive collision. The decedent, a passenger in a vehicle, died on the scene.

Her adult children consulted our firm to initially investigate the accident and make sense of the facts and circumstances since the family felt that the police report did not make it clear enough precisely what occurred. We launched a full investigation an immediately deposed the investigating officers.

Upon the completion of our investigation, it was apparent that the trucking company was indeed negligent and a lawsuit was soon filed. The defendant's launched an aggressive defense whereby they initially claimed that the truck driver was overcome by his passenger who allegedly grabbed the steering wheel and deliberately drove the truck off the road, despite the truck driver's best efforts.

We refuted this claim by illustrating that the tire marks that were present clearly show the truck gradually moving across the road and eventually onto the grass, which is entirely inconsistent with an abrupt lane change caused by someone taking control of the wheel. It was quite an unusual defense strategy that we were frankly surprised to even find ourselves having to refute.

The defendants then argued that a tire blowout may have contributed to the accident, which is significant because it would enable the defendant to offset some portion of their liability to a tire manufacturer or installer. Through deposition testimony of the investigating officer we established that there was absolutely no indication at the scene of the accident that a tire had blown out.

Finally, the defendants argued that the company which loaded the trailer may have improperly loaded the cargo. This argument was most plausible considering that the precise cause of the decedent's death was that she was essentially pummeled by cargo that broke through trailer and struck her person.

Our firm consulted several experts in the fields of heavy cargo transportation and physics. Our experts felt that the cargo was secured in a manner that is perfectly consistent with industry standards and that due to the forces involved, the cargo would not have behaved any differently irrespective of how it was secured. In short, the collision caused the cargo to break free and the negligence lay squarely on the trucking company and not any other entity. The case was successfully resolved through litigation.
Total Recovery:
$2,000,000.00
Attorney Fees:
$775,000.00
Litigation Expenses:
$25,000.00
$80,565.00 Recovery - Automobile Accident (Back Injury)
Recovery for woman who suffered a back injury in a car accident.
Total Recovery:
$80,565.00
Attorney Fees:
$32,226.00
Litigation Expenses:
$1,600.00

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