Can I Still File a Claim if I Was Partly at Fault for the Truck Accident?

You can file a claim if you were partly at fault for a truck accident is possible, but it can be a complicated legal process. Often, the facts of the case aren’t straightforward, and there are multiple factors at play. This is especially true in a state like Texas, which follows the Modified Comparative Fault rule. To ensure success, contact a truck accident injury attorney who can guide you through the process. Here is a more in-depth look at the factors involved when you’re filing a claim.

Texas Follows a “Modified Comparative Fault” Rule

The Modified Comparative Fault rule asserts that the amount of compensation owed can be reduced by the percentage of your fault in an accident. However, you cannot receive compensation if you are 51% or more at fault for the accident. In other words, you can only receive compensation if you are 50% or less at fault for your injuries.

Percentage of fault is initially assigned by insurance companies and, if the case goes to trial, by a judge or a jury. Once this ruling is set, you will then receive compensation minus the percentage that you are at fault.

The rule differs from the Pure Comparative Fault rule, which allows a plaintiff to receive full compensation even if they are partially at fault for the accident.

The different types of Modified Comparative Fault rules are:

• 50% Rule: The plaintiff can recover monetary damages if they are less than 50% responsible for their own injuries in an accident.
• 51% Rule: The plaintiff must be less than 51% responsible for their own injuries in an accident.
• 49% Rule: The plaintiff must be less than 49% responsible for their own injuries in an accident.

Determining who is at fault and by what percentage often involves legal complexities. Even a couple of percentage points can make a huge difference. To accurately determine what percentage you are at fault, contact a truck accident injury lawyer.

How Shared Fault Affects Compensation

If you are partly at fault for a vehicle accident, shared fault will directly affect your compensation by the percentage at fault assigned to you. Even a small percentage change in how much you were at fault can significantly affect how much compensation you will receive.

For example, imagine you were rear-ended from behind by another vehicle. While it may seem that the vehicle behind you is entirely at fault for not keeping a safe distance, you may be partially at fault if you had non-functioning brake lights. Your faulty brake lights created a hazardous situation because the other driver was unable to tell that you were slowing down.

In financial terms, you would receive less compensation than the total awarded for damages. If you were 40% at fault for the accident and the total awarded damage was $100,000, then you would receive $100,000 – 40% of that amount.

40% of 100,000 is $40,000.
$100,000 – $40,000 = $60,000.

Therefore, you would collect $60,000 instead of the entire $100,000 amount awarded. To maximize the amount you receive and to prove the accuracy of the percentages, consult an experienced truck accident lawyer.

Keep in mind that if you are 51% or more at fault for the accident, you will receive no compensation. However, if you feel the percentage assigned to you is unfair, a truck accident attorney may be able to help prove your case.

Why Truck Accident Fault Can Be Complicated

Deciding who is at fault in an accident can be a complicated process, and it’s a good idea to contact a truck collision lawyer to help you sort through the legal complexities. Here are some of the factors that come into play.

More Than One Liable Party

While an accident may look straightforward, especially if the driver was speeding, fatigued, or intoxicated, this isn’t necessarily the case. The driver may share fault with their company if they were forced to work excessive hours or had to abide by unrealistic delivery times. The company may also be liable for poor hiring practices, such as hiring a driver with a history of alcohol abuse. Another reason a trucking company could be liable is if there was inadequate training for their employees.

Another party that may be liable is the manufacturing company. If the vehicle was defective, such as faulty brakes or a steering wheel, a truck collision attorney may be able to prove that a mechanical defect contributed to the crash. Cargo loaders can be liable, too. If the cargo was improperly loaded, it may have shifted or fallen during transit, causing an accident. If a lawyer can prove there were violations of Federal Motor Carrier Safety Administration (FMCSA) regulations, a cargo loader can be held partly responsible for the accident.

Size of the Vehicle

Larger and heavier vehicles typically mean they need longer distances to brake. Not only can this increase the likelihood of accidents, but it can also complicate the cause of the crash. In other words, real-life conditions, such as slick roads, fog, heavy rain, or worn-out brakes, can make it difficult to prove that the driver simply acted negligently. A truck can potentially roll over due to its size and the added cargo. These operational dynamics may not necessarily be the fault of the driver.

Steps to Take if You May Be Partly at Fault

If you believe you may be partly at fault in an accident, there are specific steps you should take.

Don’t Admit Fault at the Scene

Even if it’s obvious you were at fault for something specific, such as negligent driving, don’t admit fault at the scene. Your words can be used against you, not only by the other driver but by the insurance company when assigning fault percentages. Even an apology or saying something as simple as, “I didn’t see…” can be an admission of fault. Instead, make sure everyone is safe, call the police, and exchange information with the other driver.

Document Everything

Since Texas uses a modified comparative fault rule, any piece of evidence – no matter how small – can affect how fault percentages are determined. To help prove your case, document everything. Take photos of all the damage as well as the road conditions. Try to get the contact information from any witnesses who were present at the time of the accident. Write down everything that happened as soon as you can, including the weather and traffic conditions, while the details are still fresh in your mind.

Seek Medical Care Immediately

Seeking medical care immediately not only ensures you attend to your injuries as soon as possible, but it also prevents injuries from worsening. In addition, if you delay getting treatment, the other driver’s insurance company may argue that your injuries were not severe enough to require medical care. Moreover, a doctor’s evaluation gives you an official medical record linking your injuries to the accident.

Consult a Truck Wreck Attorney Early

A truck wreck lawyer can act quickly, preserving evidence that may be forgotten, lost, or discarded. In addition, truck regulations are often layered and complex, and you may need the help of an experienced truck wreck lawyer to sift through the legal issues and pursue fair compensation for your case. A lawyer can also help maximize your compensation.

How Haney Paschal & Romoser Can Help

Would you like to file a claim even if you were partly at fault for an accident? Truck accidents can involve multiple parties, and in some cases, one liable party may be your employer. If you believe you have a strong case, a truck accident injury lawyer at Haney Paschal & Romoser can help. Here are ways we stand out:

• We have over 30 years of experience handling truck accident cases
• Clients work directly with our attorneys, not our assistants or paralegals
• Clients benefit from our full-service team

If you’d like to find out more about your rights and options, contact our firm.

FAQ’s list – File A Claim

Who will decide how much fault I share in an accident?

The determination of how much fault you share will depend on what stage your case is at. If the case is in its initial stages, insurance companies typically assign a percentage of fault based on the police report and any evidence, such as photos, dash cam footage, or surveillance videos. However, if the insurance companies can’t reach a settlement, then the case may go to court. If it does, a jury and a judge will decide how much fault you share.

Should I notify my insurance company if I’m partially at fault?

Yes, you should always notify your insurance company, even if you’re partially at fault. For one thing, your policy may require that you notify them as soon as possible. Not doing so may be a violation of your contract. In addition, reporting the accident also creates an official record of the accident. Lastly, your insurance may have benefits like collision coverage, which pays for your vehicle’s repairs, and Personal Injury Protection (PIP), which covers your medical costs.

Can my employer be a liable party, too, even if I am partly at fault?

Yes. There are a few instances where both you and the company can be at fault. For example, if your company forced you to work longer hours or gave you an unrealistic schedule, they could be at fault if your fatigue contributed to the accident. Other instances where your company can be held partially liable are if the initial training was inadequate or if the accident was due to a worn-out component, such as brakes, and your employer didn’t properly maintain their vehicles. To find out exactly what percentage your company is at fault for, contact a truck collision lawyer.

What if the other party’s insurance company says I’m more at fault than I believe?

Many insurance companies want to pay out as little as possible, so if you disagree with the insurance company’s assessment, notify them in writing and provide specifics on the reasons for your disagreement. Your next step should be to contact a truck accident lawyer. A lawyer can help you effectively build your case with concrete evidence and can represent you in court, if need be.

How long do I have to file a claim after an accident in Texas?

According to the Texas Civil Practice and Remedies Code § 16.003(a), the statute of limitations for a personal injury claim is two years from the date of the accident. However, you should consider filing a claim as soon as possible in order to preserve important evidence, such as surveillance footage from traffic cameras.

What percentage of fault can I still file a claim for an accident?

As long as you are 50% or less at fault, you can file a claim to receive compensation for your personal injuries. However, as mentioned above, your compensation will be reduced by the percentage at which you are at fault. To determine your percentage of fault, contact a truck collision attorney.

File a Claim & Pursue Compensation – Final Thoughts

Filing a claim and pursuing compensation, especially if you were partly at fault for an accident, can be complicated. What’s more, if you were involved in an accident, the legal process can be difficult to wade through, especially if you’re not familiar with the accident laws in Texas or if there are multiple liable parties.

If you have doubts about what percentage you were at fault for an accident or you’d like to dispute an insurance company’s assessment, contact our team for help.