Fault is determined in truck accidents based on evidence, such as:
- Eyewitness reports
- Expert testimony
- The police report
- Photos or videos taken at the scene of the accident
- Traffic surveillance footage
- Forensic analysis
- Medical records
There are other pieces of information that could supplement your case, depending on your situation. While struggling with serious injuries, collecting evidence can be daunting. However, you can hire a truck accident lawyer from our firm to handle your case’s investigation. They will use what evidence they find to determine fault for your truck accident.
How Evidence Can Support Your Claim
Here are some specific examples of evidence that could prove fault for your truck accident case:
Witness Testimony
Your account of events could be more compelling if it is corroborated with expert testimony. Some experts that could lend their knowledge to help with your case include:
- Accident reconstruction specialists
- Healthcare providers, like doctors and physical therapists
- Police officers and other law enforcement officials
- Economists
- People in your field of employment
- Mental health professionals
The Police Report
Per Texas Transportation Code § 550.062, most serious crashes require police reports. While it may seem intimidating to call the police to the accident scene, doing so could help your case in a variety of ways.
The police report could document:
- The date, time, and location of the crash
- Who was involved
- Whether anyone was issued a citation
- Whether anyone was driving while intoxicated
- The makes, years, and models of the involved vehicles
It may also list the names of the involved insurance providers.
Traffic Camera Footage
Many intersections are equipped with cameras that document instances of speeding or failure to obey traffic signals. You may not have access to the recording of your accident. However, your lawyer might.
By using this piece of information, you can give the insurer a firsthand look at what happened. It will be difficult for them to deny your claim once they see your collision on tape.
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What Makes Collecting Evidence so Important?
To determine fault in a truck accident, you will need to present an ample amount of evidence that proves your version of events. In most cases, your personal testimony will not be enough to prove that another individual was at fault for your accident.
The process of determining fault will generally be the same whether you decide to file an insurance claim or a lawsuit. In the case of an insurance claim, you will present your evidence to a claims adjuster at the insurance company.
For lawsuits, you will present your evidence in front of a judge and jury if your case goes to civil court. The success of your case will rest on your ability to prove fault, liability, and damages with supporting pieces of evidence.
Why Is Determining Fault So Important in My Case?
In Texas, determining fault is directly related to your “proportionate responsibility.” As described under Texas Civil Practice and Remedies Code § 33.001, you are only eligible to recover damages for your accident if you are less than 50% at fault.
Therefore, any party that is more than 50% responsible for the accident can be held accountable for your financial hardships.
Your Portion of Fault Could Deduct From Your Financial Award
Moving forward, you should keep in mind that your level of fault can affect your settlement in more ways than one. Even if another party is more than 50% at fault for the collision, your settlement can be reduced in proportion to your percentage of fault.
For example:
- If your damages totaled $50,000, but you were 20% at fault, the court may reduce your settlement to $40,000.
This makes proving fault for your accident important. You do not want to be assigned a percentage of fault that does not accurately reflect your situation.
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Determining Fault and the Statute of Limitations
In accordance with Texas Civil Practice and Remedies Code § 16.003, you have two years to file a lawsuit after a truck accident. There are very few exceptions to this deadline, and the time it takes to determine fault for your accident will not toll this timeframe.
This makes prompt legal action essential. By reaching out to our law firm today, you can prevent this deadline from expiring on your case.
We Represent People Throughout Texas
Here at Loncar Lyon Jenkins, we have encountered many victims who have asked themselves, “How is fault determined in a truck accident?” You are not alone. Our legal team can be there to support you every step of the way. In addition to offering legal guidance, we can help you gather evidence, negotiate settlements, and so much more.
We are proud to say that our law firm has fought for personal injury victims since 1988. Today, we have expanded our services to serve victims in Dallas, Tyler, McAllen, Wichita Falls, Beaumont, and El Paso.
For more information about our truck accident services at Loncar Lyon Jenkins, contact a representative at (877) 239-4878. You can start your free consultation today.
