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When involved in a truck accident with a big rig in Texas, you may wonder which party was at fault. Generally, one driver might be more at fault for the accident than the other. Sometimes, both drivers did something wrong that contributed to the crash. Many states have laws that reduce how much-injured people can claim if they are partly responsible for their own injuries. Texas utilizes a 51% rule for truck accidents and other personal injury cases.
In most accidents, one or both parties were negligent. Negligence simply means that the driver did something they knew or should have known that could cause an accident or injury. Sometimes one driver is responsible for the accident. However, sometimes, both drivers did something that may have been negligent.
Contributory negligence is also known as proportionate responsibility. In Texas, if you are more than 50% at fault for an accident, you cannot get any money for damages. Therefore, you can only get damages for your injuries if the other driver was over 50% negligent.
More than one party can hold some responsibility for an accident. For example, one driver may be negligent by disobeying a red light. However, the other driver could be found partly negligent if they were speeding at the time of the incident. A portion of negligence is ascribed to each driver. Damages are recovered according to the percentage of negligence apportioned. Your damages will be reduced by the percentage of fault attributed to you. If you are over 50% at fault, you may be unable to collect damages for a personal injury claim.
Determining fault in an accident is not a simple process. It should be left to professionals with experience in reviewing accident details. If you have been hit by an 18-wheeler, the insurance company will likely contact you following an accident. Talk to a qualified Houston truck accident lawyer before discussing anything with an insurance representative. It’s usually the best approach. Remember that the insurance company will often try to keep from paying claims, and what you say could be used against you later.
In some accidents, the fault is easy to determine, but it can often be complicated. The police report, witness statements, and video surveillance footage can all be useful in determining how the accident happened. Sometimes, accident reconstruction is necessary to discover what occurred before, during, and after a crash.
The accident can be even more complicated when multiple vehicles are involved. One factor may be considered a major contributor to the crash, and others may be minor. These factors must be considered when determining fault.
We recommend hiring an experienced lawyer for injuries caused by a commercial vehicle. This is especially important if the injuries are severe or long-lasting. The insurance policies for semi-trucks and other business vehicles are always larger. The insurance company rarely pays fair compensation without an attorney.
If you were injured in a truck accident, having an experienced truck accident attorney on your side is best.
Contact the Houston truck accident law firm for a no-cost consultation to talk about your case.
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Resources
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
