Texas is a fault state that requires negligent drivers to compensate the victims of a passenger vehicle or truck wreck. In many cases in Decatur, the truck driver’s and trucking company’s liability for causing a collision is clear cut. However, in some situations, the fault may be divided among more parties. Here, we explain your rights to compensation if you are found to be partially to blame for causing your crash.
How Texas’ Comparative Negligence Law Could Apply in Your Case
Texas follows the modified comparative negligence rule in vehicle crash cases. If a party is partially at fault, he will still be entitled to compensation for his injuries as long as he was not more than 50 percent to blame. Here’s how comparative negligence works:
- If you are found to be more than 50 percent at fault, you would not be entitled to any compensation from the truck driver.
- If you are less than 50 percent to blame, the amount of compensation you receive would be reduced by your percentage of fault. For example, if your damages are $200,000 and you were 20 percent at fault, you would still be entitled to $160,000 from the negligent trucker and trucking company—a substantial amount of what you would otherwise be owed.
Because it is a way to reduce their liability for compensating you, you should not be surprised if the insurance company for the trucker and trucking company tries to claim that you were partially negligent even if this was not true. An experienced truck crash attorney will have strategies to defeat these unjustified claims and can protect your legal rights so that you receive what you are entitled to in your settlement.
Are you worried about how your own fault could affect your truck injury claim? Contact us online or call our office directly at 817.380.4888 to schedule your free consultation today. A member of our skilled truck crash legal team will discuss your crash with you and advise you how modified comparative negligence could impact your legal rights to compensation for your injuries.
We help injured truck wreck victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.