Can I still recover damages in my injury claim if I am partially at fault for the truck damages?
When someone is injured in an Austin truck accident, they may be able to recover damages if the other party was at fault. However, it’s important to note that Texas follows a Comparative fault law which means that even if you are partially at fault for the accident, you can still recover damages - just not as much as if you were completely blameless. In order for someone to successfully receive compensation after an Austin truck accident, it must be demonstrated that the other driver or drivers involved were primarily responsible for causing the incident. This article will explore how Comparative fault works and how it affects potential damage awards in personal injury cases involving Austin truck accidents. Talk with our Austin truck accident lawyers about how comparative fault may impact your truck accident case.
What is comparative fault in Texas truck accidents?
Comparative fault, or comparative negligence is a legal doctrine that allows plaintiffs to seek damages in personal injury cases even if they are partially at fault for the incident. In Texas, Comparative Negligence applies when two or more parties contribute to an accident and each party is judged based on their own percentage of fault. If it is determined that one party was more than 50 percent responsible for causing the incident, then the other party can still pursue compensation for damages as long as their own percentage of fault does not exceed that of the other party.
When Comparative Negligence applies in Austin truck accidents, the plaintiff’s potential damage award is reduced by the percentage of responsibility assigned to them. As such, an individual who was found to be 25 percent responsible would only be able to receive 75 percent of what they would have received had they been completely blameless. Comparative negligence also affects comparative liability cases, where one party may be responsible for all of the damages but another party can be held accountable if they are found partially at fault. In this case, both parties will be responsible for a portion of the total damages awarded.
In general, Comparative Negligence law works to ensure that those who are found to have contributed to an incident will still be held financially liable but not receive any larger reward than they would have received had they been completely blameless. It also ensures that those who were wholly or partly at fault are not rewarded beyond what’s reasonable given their degree of responsibility in causing the accident. Comparative Negligence law provides a fair way for awarding damages and is applicable in all types of personal injury cases - including Austin truck accidents.
How can I prove comparative fault?
The most effective way to prove Comparative Negligence in Austin truck accidents is to collect and review evidence. This evidence can include incident reports, witness statements, photographs or video footage of the accident scene, repair estimates for vehicle damage, medical records detailing any injuries sustained by those involved, and other relevant documents. This will include a consideration of the trucking company's compliance with FMCSA regulations also, to see if they were following proper regulations.
The investigation into a truck accident may also require consulting with an expert witness. An accident reconstruction specialist can analyze the evidence collected from the scene to determine which driver was primarily responsible for causing the accident. In addition to this technical analysis, they can also offer insight into how the principles of Comparative Negligence might apply to the case. In trucking cases, there may be hyper technical considerations such as whether proper maintenance had been performed on the trucks.
By reviewing all of this evidence and testimony, it is possible to determine who was primarily responsible for causing the accident and establish a percentage of responsibility for each party involved in order to calculate potential damage awards under Comparative Negligence law. It is also important to consider any mitigating factors that might reduce one’s liability such as a mechanical failure in either vehicle or any other extenuating circumstances. If these factors can be demonstrated satisfactorily then it may be possible to reduce one’s percentage of fault in the incident and receive a greater damage award as a result.
Can I still recover damages if I am partially at fault for the truck accident?
Yes, it is still possible to pursue compensation for damages even if you are found partially at fault in an Austin truck accident. Comparative fault laws in Texas allows individuals who were involved in an Texas truck accident to be judged based on their own percentage of fault and obtain compensation that reflects this amount. This will means that even if you were partially at fault, you may still be able to force the trucking company pay for your medical bills. The plaintiff’s potential damage award will be reduced by the percentage of responsibility assigned to them, but they can still receive some financial relief through a Comparative Negligence claim.
What is an example of comparative fault in an Austin truck accident?
Take the case of a man who was involved in an Austin truck accident with another driver. Both drivers were speeding and the man's negligence in failing to observe the speed limit contributed to the accident. However, evidence also indicates that the other driver failed to signal correctly when turning, which further contributed to the collision.
In this case, Comparative Negligence law may be applicable as both drivers were partially at fault for the incident. This means that if the man pursues a claim for damages, and he is found to be less at fault than the other driver, he will have his potential award reduced by his percentage of responsibility for the accident. With this reduction he can still receive compensation for his medical bills, any property damage incurred, lost wages due to time off work, and other expenses related to the incident. The total amount of monetary compensation he receives will be reduced by his percentage of fault. Comparative Negligence law ensures that those who are found partially at fault will not be unjustly rewarded or penalized in their claims for damages following an Austin truck accident.
Why is comparative fault so common in truck accident cases?
Comparative fault is a common principle applied in Austin truck accident cases due to the complex nature of these accidents. Oftentimes, such incidents involve multiple parties who may have acted negligently or carelessly at some point leading up to the accident, which can make it difficult to assign full blame to one person.
In Texas truck accident cases, comparative fault laws allow for each party involved in the truck accident to be judged based on their own percentage of fault and receive compensation that reflects this amount. Often, one driver may be speeding while the other was not properly attentive while driving. These competing factors create a scenario where both sides may argue that the other driver was, at least, partially at fault for the truck accident.
Contact Fletcher Law for help with your comparative fault truck accident case
If you were involved in an Austin truck accident and believe that you may be partially at fault, it is important to contact an experienced attorney to discuss your legal options. Comparative Negligence law can be complex, and it is important to have a knowledgeable professional on your side to help you navigate the legal process.
At Fletcher Law, our Austin personal injury lawyers have experience handling Comparative Negligence cases and can help you recover the compensation you deserve. Contact us today for a free consultation.