Accidents involving trucks can have devastating consequences. In Texas, the law determines how much compensation you can receive based on your level of fault. This can be complex, especially in trucking accidents where multiple parties might share blame.
How does fault get determined in trucking accident cases?
In Texas, they follow a “modified comparative negligence” rule, which means you can recover damages in an accident as long as you are not more than 50% at fault. Here’s how it works:
- Fault assignment: Each party involved receives a percentage of the fault. If you are 40% at fault, you can still recover damages, but your compensation reduces by that percentage.
- 51% bar rule: You cannot recover damages if the court finds you are 51% or more at fault.
For example, if a court awards you $10,000 in damages but finds you 30% at fault, you receive $7,000, based on the Texas Civil Practice & Remedies Code.
How can you minimize liability and maximize recovery in trucking accident claims?
Although trucks play an important role in the economy, they present a high collision risk due to their size. When you get into an accident that involves a truck, you can minimize liability by doing the following:
- Get evidence of the scene, like photos and witness statements
- Cooperate with the police investigation
- Seek medical attention immediately
- Avoid giving statements to the trucking company’s insurance adjusters
Meanwhile, to maximize recovery, you should consider:
- Keeping a record of your injuries, medical expenses and lost wages
- Consulting with a medical expert to testify about the severity of your injuries
- Filing a claim against the trucking company and its insurance provider
Trucking accident claims require careful handling. Understanding Texas’ comparative negligence law can significantly affect your compensation. Having legal guidance can help you better understand your case and also help you make informed decisions. An attorney can provide valuable insights and support throughout this process, potentially improving your outcome.