Houston Truck Wreck Attorney Explains Comparative Fault in Texas
Truck accidents in Texas can lead to severe injuries, costly medical bills, and a long road to recovery. Navigating the aftermath of a truck wreck, especially when fault is disputed, can be complex. Texas follows a “comparative fault” rule, which plays a crucial role in determining compensation for injuries in truck wreck cases. Understanding how this law works—and how a Houston truck wreck attorney can protect your rights—will help you make informed decisions about pursuing a claim.
At J. Jackson Law Offices, we’re committed to helping Houston truck accident victims understand their rights and fight for fair compensation. Here’s what you need to know about Texas’s comparative fault laws and how a truck wreck attorney can assist in your claim.
What Is Comparative Fault in Texas?
In Texas, the comparative fault rule is a legal principle used to determine how much responsibility each party holds in an accident. Known as “proportionate responsibility” under Texas law, this rule allows courts and insurance companies to assign percentages of fault to each party involved in an accident. If multiple parties share responsibility for a truck wreck, this law determines the amount of compensation each party may receive or owe based on their degree of fault.
For example, if you’re involved in a truck wreck and found to be 20% responsible while the truck driver is 80% responsible, your compensation will be reduced by your percentage of fault (20%). Therefore, if your damages total $100,000, you would be eligible to receive $80,000 after the deduction. However, Texas follows a “51% rule,” which means you can only recover damages if you are 50% or less at fault. If you’re deemed more than 50% responsible, you may be barred from receiving any compensation.
How Comparative Fault Affects Truck Wreck Claims
In truck accidents, fault is rarely straightforward, especially when dealing with commercial vehicles. Multiple factors and parties can contribute to the accident, including:
- Driver negligence (such as speeding or distracted driving)
- Trucking company policies that encourage unsafe driving practices
- Faulty equipment due to inadequate vehicle maintenance or manufacturing defects
- Improper loading of cargo, leading to vehicle instability
Because truck wrecks are often complex, determining fault requires a thorough investigation into every potential contributing factor. An experienced Houston truck wreck attorney can gather evidence, consult accident reconstruction experts, and establish liability to ensure fault is accurately determined in your case.
Why You Need a Houston Truck Wreck Attorney for Comparative Fault Cases
Comparative fault cases require strategic handling, and working with an attorney who understands Texas truck accident laws is essential. Here’s how a Houston truck wreck attorney from J. Jackson Law Offices can help you:
1. Conducting a Comprehensive Investigation
Truck wreck cases require meticulous investigation, including reviewing police reports, interviewing witnesses, collecting black box data from the truck, and examining maintenance records. An attorney can gather crucial evidence to establish fault accurately and strengthen your claim. This evidence is especially important in comparative fault cases where you must limit your own share of responsibility to pursue fair compensation.
2. Negotiating with Insurance Companies
Insurance companies will often try to place a higher percentage of fault on you to minimize their payout. A knowledgeable truck wreck attorney will negotiate on your behalf, protecting your rights and challenging any attempts to unfairly increase your share of responsibility. Skilled attorneys understand how insurance companies operate and can counter their tactics effectively.
3. Presenting Expert Testimonies
In many truck accident cases, expert witnesses are essential to clarifying how the accident occurred and demonstrating who is at fault. Accident reconstruction specialists, medical experts, and trucking industry professionals can provide valuable insights that support your claim. An experienced attorney will have access to these experts, who can offer credible testimony that strengthens your position.
4. Calculating the Full Extent of Your Damages
A truck wreck can result in serious injuries, from broken bones to traumatic brain injuries, leading to substantial medical costs and ongoing care needs. An attorney will accurately calculate the damages you’ve sustained, including:
- Medical expenses (both current and future)
- Lost wages and lost earning capacity
- Pain and suffering
- Property damage
By documenting the full extent of your damages, your attorney ensures that you pursue fair compensation, even if your fault percentage reduces the total amount.
Common Examples of Comparative Fault in Truck Accidents
Comparative fault is often contested in truck accident cases. Some common examples include:
- Speeding: If you were driving over the speed limit when the accident occurred, this might contribute to your share of fault, even if the truck driver initially caused the crash.
- Failure to Yield: If you did not yield right-of-way, even if the truck was driving recklessly, you might be assigned partial responsibility.
- Distracted Driving: Texting or any other distractions while driving may increase your fault, even if the truck driver was also negligent.
For additional insights into comparative fault and personal injury cases, this guide on comparative negligence by NOLO provides valuable information.
Steps to Take if You’ve Been in a Truck Accident in Houston
If you’re involved in a truck wreck, here are some steps to protect your rights and support your case:
- Seek Medical Attention Immediately: Even if you feel fine, injuries might not be immediately apparent.
- Document the Scene: Take photos, gather witness contact information, and make notes about the conditions of the accident.
- File a Police Report: A report helps establish official documentation of the wreck and may be critical for your case.
- Contact a Truck Wreck Attorney: Consulting a lawyer promptly gives you the advantage of timely action and guidance.
For more information on what to do after an accident, the National Highway Traffic Safety Administration (NHTSA) offers a wealth of resources and safety tips.
Take Action Today!
Understanding Texas’s comparative fault laws is crucial if you’re involved in a truck accident, especially if you’re partially responsible. A skilled Houston truck wreck attorney from J. Jackson Law Offices can protect your rights, minimize your assigned fault, and pursue fair compensation. With comprehensive legal support, you can pursue justice and focus on your recovery.
If you or a loved one has been injured in a truck wreck in Houston, contact J. Jackson Law Offices today to schedule a consultation. With experienced legal guidance, you’ll be equipped to navigate the complexities of comparative fault and pursue the compensation you’re entitled to.