You can still pursue a claim even if you were partially at fault for a truck accident. Texas uses a modified comparative negligence law. This means you can seek compensation if you are less than 50 percent responsible for the crash.
This presents a critical question: Who is responsible for what percentage of the truck accident? This is an important question, and one that a Dallas truck accident lawyer can answer after investigating your case.
You Can Pursue a Truck Accident Claim Even if You’re Partially At Fault
You may have contributed somewhat to the accident and your severe injuries, but this does not bar you from seeking financial compensation. Still, this will not stop the other party from alleging that you caused all of the accident, so they can avoid paying for your losses.
If disputes regarding fault and liability arise, you can partner with a lawyer who can investigate the collision. They can also use the following evidence to prove the other party’s negligence:
- Video footage: If there is any video footage of your accident, it may help prove that the other motorist is primarily at fault for the collision. Such footage may come from cell phones, security cameras, traffic cameras, or other sources.
- Eyewitness accounts: Witness accounts can establish how your accident happened and who caused it. Eyewitnesses can include first responders, bystanders, and other passengers in your vehicle.
- Expert testimony: Expert opinions may be especially helpful when two parties contribute to a truck accident. An expert in auto accident dynamics may testify about who is responsible for what percentage of the accident.
- Statements from those involved in the truck accident: We will review any statements the truck driver made after the accident. A police report may contain such statements, or you may have heard such statements yourself. For instance, the truck driver may have apologized to you after the accident, perhaps even admitting to causing the collision.
- Data from the truck’s black box: We will demand that the trucking company provide all relevant evidence, which may include data from the vehicle’s black box. This data may tell us critical information about the truck’s movements before and during the accident.
We work to secure evidence as quickly as possible. Your attorney will file any necessary legal documents to ensure the trucking company shares its evidence with us.
877-239-4878Available 24/7 | 356 Days | se habla español
You Can Work With a Lawyer to Combat Uncooperative Insurance Companies
Texas uses a fault-based auto insurance framework. This means that the motorist who is most responsible for an accident must generally pay for the victim’s damages. If we can prove that the other motorist is primarily responsible for the collision, their insurer may pay for your losses.
The other motorist’s insurance company has financial reasons to blame you for the accident. Some of insurers’ bad-faith tactics include:
- Misrepresenting the details of the liable insurance policy
- Intentionally undervaluing the cost of your accident-related losses
- Claiming that you had certain injuries before the accident happened
- Offering a lowball settlement
- Withholding evidence that the trucking company has shared with its insurer
- Delaying the completion of your claim
- Stalling negotiations (or refusing to offer fair compensation for your losses)
These are tactics our firm has encountered before. Such challenges will not deter us from fighting for the entire financial recovery you are entitled to.
An Insurer May Blame You for the Truck Accident—We Will Work to Prove Otherwise
If the other motorist’s insurer can show that you are responsible for 51% or more of the truck accident, it will not have to pay for your accident-related losses. Your lawyer from our firm will work to prove you are not the person most responsible for the accident. You can learn more about this process during your no-obligation case review.
We Can Hold the At-Fault Party Accountable for Your Truck Accident
Who owes compensation varies from case to case. Your truck accident lawyer will gather the facts of your accident, evaluate insurance policies, and explain:
- The liable party’s financial obligations
- How we can pursue the money you deserve
Insurance claims and lawsuits are the two options we generally employ for our clients. We may file a claim or lawsuit against:
Depending on your insurance coverage, your own insurer may owe compensation for your accident. We will review your policy and lead any first-party claim you choose to file.
The Trucking Company’s Insurer
If the truck driver is primarily at fault for your accident, their insurer may owe you compensation for medical bills and other losses.
The Trucking Company
The trucking company may be directly liable for your truck accident. We may advise you to sue the trucking company, especially if its insurer does not compensate you fairly. A trucking company can be liable for its employee’s actions or its own negligence, which may include:
- Using a defective truck
- Hiring unqualified or risk-prone drivers
- Failing to monitor drivers
- Failing to test for drug or alcohol use
- Violating Federal Motor Carrier Safety Administration (FMCSA) regulations
We will review the actions of the trucking company and its employees, determining if they are liable for your damages.
877-239-4878Available 24/7 | 356 Days | se habla español
You Can Recover These Damages Following a Truck Accident
Our legal team will seek fair compensation for all of your accident-related damages, which may include:
- Vehicle repairs (or replacement for a totaled vehicle)
- Pain and suffering
- Medical expenses
- Lost income (and other professional damages, like lost bonuses)
If your loved one lost their life in a fatal car accident, a wrongful death attorney from our team will lead your case with urgency. We have the utmost compassion for your loss, and you have our firm’s full support in pursuing justice.
Call Loncar Lyon Jenkins Today for a Free Consultation About Your Truck Accident
Do not wait to hire a truck accident attorney from Loncar Lyon Jenkins. Our Strong Arm is ready to manage your case and everything it requires.
Call today for your free legal consultation. We will pair you with an attorney who will lead your case from start to finish, updating you along the way.