Can I Claim Compensation if I was Partly at Fault for a Truck Accident?

Being hurt in a truck accident is devastating. You will likely incur high medical bills to treat your injuries and you may not be able to return to work to earn an income to pay for them. Your injuries may also render you unable to enjoy the activities you once did.

If someone else, such as the truck driver, caused the crash, you can file a claim against them for compensation that will cover your injuries and other losses. However, what rights do you have if you caused or contributed to the crash? Can you still claim compensation? Below, our San Antonio truck accident lawyer answers these questions.

Common Examples of Shared Fault 

There are many instances when two drivers can share fault for a crash on the roads. Some common scenarios are as follows:

• Speeding in the moments before a crash
• Following a large truck too closely
• Failing to signal when turning or changing lanes
• Distracted driving, including the use of a cell phone or GPS
• Staying in a truck’s blind spot, which are known as ‘no-zones’

Although the above may indicate that you contributed to an accident, they do not automatically bar you from filing a claim against the other liable party.

The Comparative Fault Law in Texas

A few states in the country follow pure contributory negligence laws. Under these laws, accident victims are barred from claiming any compensation at all if they were in any way at fault for an accident. The majority of the states in the country, however, follow a modified comparative negligence model.

Texas law follows a modified comparative negligence law known as the ’51 percent bar rule.’ Under this law, accident victims cannot claim compensation if they were more than 50 percent at fault for a crash. If you are found less than 50 percent at fault for an accident, any compensation you receive will be reduced by your same percentage of fault.

For example, you may have been speeding when a truck driver in the oncoming lane fell asleep and veered into your lane. Speeding increases the force and severity of an accident and so, the insurance companies and courts may find you ten percent at fault for your own injuries. Fatigued driving and falling asleep at the wheel is extremely dangerous behavior, though and so, the truck driver may be found 90 percent at fault for the accident. If you were awarded $100,000 for your injuries, the compensation will be reduced by ten percent, leaving you with $90,000.

Our Truck Accident Lawyer in San Antonio Will Protect Your Rights

After any crash, it is critical to work with a San Antonio truck accident lawyer. At the Law Office of Israel Garcia, our experienced attorney can refute claims of fault so your rights are protected and you obtain a fair settlement. Call us now at 210-LAW-9999 or fill out our online form to schedule a consultation with our seasoned attorney and to get the legal help you need.

Source:

statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm