A common tactic employed by trucking companies and their insurers is to shift blame for a serious truck crash to the other driver in a bid to pay lower damages or to escape responsibility altogether. They are hoping to take advantage of the rules of comparative negligence that are in place in Texas and states across the country. By shifting the blame onto the driver, insurance companies benefit at your expense. It is usually best to contact a legal professional if you are concerned that you are being blamed for a greater percentage of fault than is accurate.
For instance, under the Texas proportionate comparative fault scheme, even a seriously injured truck accident victim can be barred from recovering if they are found to be 51 percent or more at fault. If they fall under that threshold, their recovery can still be reduced in proportion to the degree of their fault. So, if you suffer $1 million in damages, and you are 40 percent at fault, your recovery will be limited to $400,000. If you are determined to have been 51% or more at fault for the accident, it will be difficult to recover any type of funds.
Even if you are partially at fault for an accident, you are eligible for some form of compensation. Any medical bills you incurred should be covered as well as damage to your vehicle. There are countless other factors that change each case’s outcome, so it is near impossible to determine how much you can be compensated for if you are partially at fault for an accident without deferring to a professional. Disputing comparative fault is a challenging process and if this type of case goes to court, it will be the jury’s responsibility for determining percentage of fault.