Eligibility for Compensation in Truck Accidents with Partial Fault in Texas

Being in a truck accident is a nerve-wracking experience, and unfortunately, the stress does not vanish immediately after the collision. Truck accident claims are complicated enough for the average individual to navigate when there is no doubt about who is at fault. In truck accidents where the blame for the accident is shared, it is even more challenging to recover compensation.

If you are partially at fault, you may wonder how much compensation you can seek from the other driver’s insurance company. Consult a truck accident attorney as soon as possible following the collision to ensure you are not given more fault for the accident than is fair.

Seek Fair Compensation With a Truck Accident Lawyer

When you are partially at fault for an accident, your chances of being able to collect compensation will depend on whether you can prove that you were less liable for the collision than the other driver. Pursuing compensation for your medical bills, pain and suffering, lost wages, and any property damage during the accident will require you to file a claim that establishes you as less at fault for the truck accident than the other driver.

Moderate Comparative Negligence

States assign fault and calculate damages after an accident differently, and Texas follows the moderate comparative negligence doctrine. The moderate comparative negligence doctrine states that if a driver is partially at fault for an accident, how much compensation they receive is reduced by the percentage of fault they hold for the collision.

The driver who holds more than 50% fault for an accident cannot collect compensation for injuries and losses they suffered. If you wish to pursue compensation, you must be able to prove that you are less than 50% at fault for an accident and be prepared for your compensation to be decreased in proportion to the percentage of fault you hold for the truck accident.

Proving Liability Following a Texas Truck Accident

After the truck or car accident, professionals such as law enforcement officers, insurance adjusters, investigators, and your attorney will determine the liable party, or parties, by studying the accident scene and reviewing information gathered from witnesses and experts. In order to prove that a party involved in the collision is liable, you will need evidence that supports the following elements:

1. Duty of Care

Truck drivers are responsible for obeying the traffic laws and regulations set by the Department of Transportation (DOT). Trucking companies have an obligation to only hire eligible drivers, and cargo loaders are responsible for loading freight according to safety standards. This accountability can be considered a duty of care.

2. Breach of Duty of Care

When drivers ignore their duty of care and violate DOT regulations, drive over the speed limit, or behave in a way that exposes others to harm, they should be held accountable for their actions. Trucking companies could breach their duty of care by hiring drivers with a track record of dangerous driving or failing to ensure their drivers are trained and competent. Your lawyer will be able to help you prove that not only did the at-fault driver or party have a duty of care to you, but that they breached it, and as a result, you were injured.

3. Negligence of the Liable Party Caused the Accident

For you to seek partial compensation, you will need to prove that the liable party’s negligence directly caused the accident. Your attorney will help you prove that while you may hold some liability for the collision, the percentage of fault assigned to the other party is more significant than the fault you hold.

4. The Accident Resulted in Quantifiable Losses

To file a personal injury claim, you must have suffered an injury due to the at-fault party’s negligence. You will have to be able to prove you were injured in the collision.

Physical injuries can be proven with medical records and testimonies from medical care providers. Proving non-tangible injuries such as pain and suffering will require you to hire an attorney to build a strong case for how the collision had a significant impact on your mental state and quality of life.

Truck Accident Claims With Multiple Liable Parties

When you think of potential at-fault parties for truck and car accidents in Texas, you may believe that only you and the truck driver can be held liable. While drivers typically hold all or most of the fault for an accident, there are truck accidents where other parties are held partially responsible.

The trucking company, truck manufacturer, maintenance crews, and cargo loaders could be considered an at-fault party, depending on the circumstances of the accident. Many factors can contribute to a collision, so determining liability can be highly complicated. You will want to work with a lawyer to ensure that when you file a claim, the appropriate parties are held liable for your injuries.

Filing a Personal Injury Lawsuit Following a Truck Accident

Sometimes the insurance company providing coverage to the truck driver will balk at compensating you fairly, and you will have to file a lawsuit to seek compensation for your initial medical bills, lost wages, future loss of your earning capacity, and ongoing medical expenses, such as physical therapy. One of the many benefits of working with a skilled attorney from the start of your claim is that they will be prepared to escalate the car accident claim to a lawsuit as soon as it becomes evident that the insurance company covering the other party is not going to give you a fair settlement without a fight.

To build a strong lawsuit and establish how much fault for the accident you hold and how the accident occurred, your lawyer will gather evidence, such as police reports and photos of the accident scene, and take statements from any witnesses. Your lawyer will also help you maximize the compensation you receive for the truck or car accident by accurately calculating damages, such as your current losses and future medical expenses that your injuries will require.

Let a Truck Accident Lawyer Handle the Insurance Company

Just because you are partially at fault for the collision does not mean you must forfeit your right to file a claim against the party who is primarily at fault. Contact an experienced truck collision attorney to discuss your legal options and decide what course of action will serve you best.

Contact Brian C. Gutierrez at 979-823-5555 to schedule a free consultation. Our legal team is ready to defend your rights and pursue the maximum amount of compensation you are eligible for according to Texas law.