If you were partly to blame for a truck accident in which you were injured, you may still recover compensation from the other driver as long as not more than 50% of the blame was on you. However, your compensation will be limited in proportion to your degree of fault.
It is common for trucking defendants and their insurance companies to claim that the injured party was negligent as a way to reduce their payout. A skilled truck accident lawyer in Dallas will be prepared for this and take steps to secure the total compensation you deserve. To find out more about your rights, call Reyes Browne Reilley Law Firm to discuss your case for free.
Who determines fault after an accident
Throughout a lawsuit or insurance claim, the parties investigate and exchange evidence. Sometimes they agree on fault, and sometimes it is disputed.
As soon as an insurance claim is opened, the representatives of the parties go to work to gather evidence of fault. Police reports, party and witness testimony, truck black box data, and clues from the scene, and even the reports of expert witnesses can help determine the allocation of negligence.
If the facts are clear-cut, the attorneys for both parties may generally agree on the breakdown of blame, and settlement negotiations will take into account a reduction in damages. If fault is disputed, a jury may decide who caused the accident and the amount of the plaintiff’s damages, which is then reduced proportionally. For example, if the plaintiff sustained $100,000 in damages and a jury determines they bear 20% of the fault, the plaintiff will be awarded $80,000.
Why a truck accident lawyer is important
Liability is one of many reasons that truck accident cases are more complicated than other lawsuits. There can be multiple actual or potential defendants, and it is critical that the plaintiff names the correct parties and states the proper basis for liability.
If the plaintiff is partly at fault, an experienced lawyer will advocate for a fair accounting of liability. Defendants try to place injured parties past the 50% threshold; if the defendant can convincingly argue that the plaintiff was even 51% to blame, the plaintiff will not receive any compensation. A commercial truck accident attorney knows this and builds a case to secure maximum compensation that the circumstances allow.
Schedule a consultation with a lawyer today
A truck accident case is not something you should go alone, especially if your actions may have been a contributing factor. A personal injury lawyer at Angel Reyes & Associates is here to help. We rely on our years of experience to protect the rights of accident victims. Call today to schedule a free consultation or learn more about our services.