Can You Claim Compensation if You Contributed to a Truck Accident?
Truck accidents are very traumatic and if you have been hurt in one, you may not immediately begin to question if you have legal options. In the weeks and months following the crash, though, you may start to replay it in your mind and wonder if someone else was at fault. If so, they may be liable for paying damages. However, there are times when truck drivers, trucking companies, and other third parties are not the only ones at fault for a truck accident. So, if you contributed to a crash, are you still eligible for compensation?
Comparative Negligence in Truck Accident Cases
State law in Texas recognizes the legal concept of comparative negligence. Under this law, you can still claim compensation if you contributed to a truck accident. In order to do so, you must be found 50 percent or less at fault for the crash. In these instances, any damages you are awarded are reduced by the percentage of fault assigned to you by a jury.
For example, a truck accident may result in $100,000 in damages if the truck driver or trucking company was completely at fault. On the other hand, if you contributed to the accident, the insurance company or courts may find that you were 20 percent at fault for the crash. In this instance, 20 percent would be subtracted from the initial $100,000 and you would receive $80,000.
Why Work with a San Antonio Truck Accident Lawyer?
After any truck accident, it is important to work with a San Antonio truck accident lawyer who specializes in these types of cases. If the liable party is trying to shift the blame to you, they are likely trying to shield themselves from paying the full damages available in a case. Unfortunately, truck drivers and trucking companies use this strategy often, even when victims did not contribute to the crash.
An experienced truck accident lawyer can fight back against this strategy in many ways. These include:
- Advising you of your rights and ensuring liable parties do not infringe on them,
- Collect evidence that can prove another party, or parties, were fully liable for the crash,
- Negotiate with the insurance company so you obtain coverage for all of your losses, and
- Represent you at trial if the insurance company refuses to fairly negotiate.
The above tasks are very difficult for a person to do on their own, particularly when trying to recover from serious injuries. These are the tasks truck accident lawyers perform every day, though, and they are invaluable when filing a personal injury claim.
Call Our Truck Accident Lawyer in San Antonio Today
If you have been hurt in a crash involving a semi-truck, you may have legal options. At the Law Office of Israel Garcia, our San Antonio truck accident lawyer can advise you of what those are and help you through the process so you obtain a fair outcome in your case. Call us today at 210-LAW-9999 or contact us online to request a consultation and to get the legal help you need.
Source:
statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
