Determining Fault in a Truck Accident~4 min read

Texas uses a modified comparative fault system. This means your compensation after a truck accident depends on how much of the blame is assigned to you. If you are found more than 50% at fault, you will recover nothing. And even a small percentage of fault can reduce how much money you receive.

How Responsibility Is Determined After a Truck Accident

Truck accidents are often more complex than regular car crashes. They usually involve larger vehicles, more serious injuries, and several people or companies who may share responsibility. Because commercial trucks are part of larger business operations, the investigation often goes beyond the driver and looks at company policies, maintenance, and safety practices.

In a fault-based system, the person or company responsible for the crash is also responsible for paying damages. That responsibility does not always fall on just one party. A trucking company may have created unrealistic schedules that encouraged unsafe driving. A maintenance issue may have gone unresolved.

Parties that may share responsibility include:

• The truck driver
• The trucking company
• A maintenance provider
• A cargo loading company

Modified Comparative Fault and the 51% Rule

The law uses a rule called modified comparative fault, sometimes referred to as the 51% bar rule, which applies as follows:

• You will recover damages only if you are 50% or less at fault
• If you are 51% or more at fault, you will not recover any compensation
• If you are partially at fault (50% or less), your compensation is reduced by your percentage of responsibility.

Why Responsibility Is Often Disputed in Truck Accident Cases

Truck accident claims usually involve significant financial losses. Medical bills, long-term treatment, lost income, and property damage can add up quickly. Because the potential payouts are higher, insurance companies often work harder to reduce their share of responsibility.

It is common for insurers to argue that the injured driver contributed to the crash in some way. They may claim the driver was speeding, distracted, or failed to react properly. Even small allegations of shared responsibility can lead to a reduced settlement.

Key Evidence Used to Determine Responsibility

Responsibility in a truck accident is usually determined through a detailed review of evidence from the crash scene and the trucking operation. Investigators look at physical damage, skid marks, road conditions, and any available video footage. Police reports and witness statements also help piece together what happened.

In addition to these common sources, truck accident investigations often rely on technical records that reveal what was happening before the crash.

How Responsibility Affects Your Compensation

The percentage of responsibility assigned to you directly impacts the amount of compensation you receive. Medical expenses, lost wages, pain and suffering, and property damage are all affected by this calculation. Compensation typically includes:

• Medical expenses
• Lost wages
• Pain and suffering
• Permanent impairment
• Scarring and disfigurement
• Property damage

Even a small percentage of responsibility can reduce your recovery. For example, being found 10% responsible for the crash means your total compensation will be reduced by that same amount.

Why Legal Guidance Matters

Because responsibility plays such a large role in truck accident claims, proper legal guidance is extremely important. These cases involve detailed investigations, technical evidence, and detailed insurance negotiations. Without strong representation, it is easier for an insurance company to shift more of the blame onto the injured person. An experienced attorney will:

• Investigate the accident
• Gather important records
• Work with experts when necessary
• Challenge unfair fault claims
• Negotiate with insurance companies

Contact Springer & Lyle

If you or a loved one has been involved in a truck accident, do not assume fault has already been decided. Springer & Lyle will help you understand your rights and protect your claim. Call 940-387-0404 for more information or to schedule your free consultation today click here.

Springer & Lyle is located at 1807 Westminster, Denton, TX 76205.

Frequently Asked Questions

1. Can I still recover damages if I was partly at fault?

Yes. You can recover damages as long as you are 50% or less at fault. Your compensation will be reduced by your percentage of responsibility.

2. How is responsibility determined in a truck accident?

Responsibility is determined through evidence such as police reports, witness statements, electronic logging data, maintenance records, and accident reconstruction. Insurance companies and attorneys use this information to assign percentages of blame.

3. How long do I have to file a truck accident claim?

There are exceptions to every rule but in most cases, the law gives you two years from the date of the occurrence to file a lawsuit for a personal injury claim. Missing this deadline will usually prevent you from pursuing your claim.