Comparative negligence affects your truck accident claim because it could reduce or eliminate the amount of financial compensation you can recover.
Financial liability for a truck accident is typically assigned to the person or entity whose negligence caused the accident. If more than one person contributed to the accident, each will be assigned a percentage of fault and liability. How it is assigned is important since your compensation will be decreased by a corresponding percentage. This could lead to a significant reduction in recoverable damages if the fault is not determined correctly.
A Dallas truck accident lawyer in your area can explain the details of how comparative negligence affects your truck accident claim. They can also explain the steps they will take to help you avoid potentially costly inaccuracies. Your law firm will conduct a comprehensive investigation into your case and determine the value of your recoverable damages.
Comparative Negligence Can Significantly Reduce Truck Accident Compensation
Texas follows a modified comparative negligence law. According to Texas Civil Practice and Remedies Code § 33.001, each driver involved in the accident is assigned a degree of liability expressed in percentages. You can recover damages as long as less than 51% of liability is assigned to you.
If your truck accident case resulted in a financial award, it will be decreased if any fault for the accident is assigned to you. Compensation in the amount of $500,000 could be reduced to zero if 51% or more of the liability is yours.
Getting this percentage correct—or proving you did not contribute to the accident at all—can be challenging on your own. Your personal injury attorney will handle it for you and support an accurate assignation of fault with a solid evidence collection.
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These Four Elements Constitute Negligence in Your Truck Accident Claim
You need to prove another party’s negligence to recover compensation in your personal injury claim. Comparative negligence rules make this an especially important aspect of your auto accident case. Recovering any damages at all means establishing the following elements of negligence:
- Duty of care
- Breach of duty
Proving negligence and liability in your truck accident lawsuit is a complex legal matter. If you are represented by a lawyer, they will explain the steps involved. They will also take on the insurance company for you. If your case involves multiple negligent parties, a lawyer can help you deal with all applicable insurers.
A Truck Accident Lawyer Can Assist With Fault Determination in Your Claim
Since fault is assigned in degrees, getting it properly assigned is a critical part of your case. Having more liability assigned to you than you bear could mean an inaccurate decrease in the compensation you would otherwise receive.
The law firm handling your case will use the collected evidence to describe the accident in detail. With their guidance and direction, you can seek fair and appropriate compensation.
Evidence That Proves Negligence in Your Truck Accident Claim
The evidence your lawyer compiles will tell the story of your accident. Evidence they use to prove the validity of your claim can include:
- Truck driver licensing, training, and hiring reports
- Truck repair, maintenance, and cargo reports
- Police reports and medical records and bills
- Lay witness statements and expert witness testimonies
- Notes and diagrams from the investigating officer
When you hire a law office in your area, their entire team gets behind your case. They will collect, organize, and submit evidence. They will also leverage the strength of your evidence collection to avoid an inaccuracy in fault attribution. The weight of your evidence can also help avoid going to court for your truck accident case.
Damages You Can Recover From a Truck Accident Insurance Claim or Lawsuit
On your own, it can be easier than you think to miscalculate the value of your case or inadvertently omit valid expenses and losses. Your lawyer will explain the damages you can collect after a truck accident, which can include:
- All treatment expenses, including medical bills, rehab, assistive medical devices, and transportation costs
- Property damage costs, such as the cost of repairing or replacing your vehicle
- Compensation for your pain and suffering, mental and emotional anxiety, and diminished quality of life
- Compensation for limiting disabilities and for physically disfiguring injuries and their related treatment
You can also request compensation for the costs of restoring your car to its pre-accident condition. Even after repairs are made, you could still be entitled to your car’s diminished value. If it is declared a total loss, you can recover its replacement value.
Additional Benefits of Hiring a Truck Accident Lawyer to Handle Your Claim
In addition to fault determination, a personal injury lawyer could benefit your case by:
- Signaling to the at-fault party that you take your case seriously and will fight for the compensation you need and deserve
- Handling all communication on your behalf, including the other involved driver and their insurance and legal representatives
- Obtaining, completing, and submitting paperwork related to your insurance claim or lawsuit
- Taking on the potentially daunting and emotionally challenging task of collecting and organizing evidence
Your legal team will handle settlement negotiations from start to finish, including weighing offers and making counteroffers. They will also provide you with ongoing updates on the progress of your case.
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The Statute of Limitations in Your Comparative Negligence Truck Accident Case
If you or someone you love was injured in a recent truck accident, you have a limited time to file your lawsuit. According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file. The statutory clock starts running on the date the accident occurred.
Truck accident investigations can take substantial time. While your lawyer continues to investigate your case, they will also file your lawsuit within the allotted time. This step is important to help you avoid the costly consequences of filing too late.
Get Help Understanding How Comparative Fault Laws Affect Truck Accidents
If you or a loved one was involved in a truck accident, you need to understand how comparative negligence affects your truck accident claim. Our truck accident lawyer will explain this and other Texas laws that impact your case.
You are not alone in your pursuit of financial recovery. Learn more about your ability to seek monetary compensation by contacting our consultation team at Loncar Lyon Jenkins to get started today.