Even if you were partially at fault for your Texas truck accident, you can still file a claim and receive financial compensation for your damages– as long as you were not more than 50 percent responsible for the crash. As a comparative negligence state, Texas still gives you legal recourse for the accident provided that you were not mostly at fault. However, the amount of your financial compensation will be reduced in proportion to your responsibility for the crash.
The 51 Percent Bar Rule
The 51 Percent Bar Rule covers accidents where more than one driver was at fault. Pursuant to Section 33.001 of the Texas Civil Practice and Remedies Code, this rule states that “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.” As you might expect, the insurance company will likely argue that you were partially at fault for the crash, even if that argument has no merit.
Our Dallas truck accident lawyers at Crowe Arnold & Majors, LLP suggest that you hire an experienced personal injury attorney to represent you. They can help you prove either that you were not responsible for the accident or, if you were partially at fault, that your share of the blame was 50 percent or less. This ensures that you can still receive substantial financial compensation for your injuries.
Does It Matter Which Lawyer You Hire?
Yes, it does. For example, if your truck accident damages total $1 million and you were 25 percent responsible for the accident, you would walk away with $750,000. Similarly, if your damages total $1 million and you were found to be 50 percent at fault for the crash, you would receive $500,000. If the defendant had successfully proved that you were 51 percent– rather than 50 percent– responsible, you would not get anything despite being seriously injured in a truck accident.
This is where the right lawyer can be invaluable– to minimize the degree to which you are found to be at fault and thereby maximize your damages. In the example above, a change in fault of just one percentage point would make a $500,000 difference.
What Your Attorney Can Do for You
Not only are truck accidents especially dangerous due to their sheer size, but there are often multiple potential defendants in these cases, such as:
- The truck driver
- The employer of the truck driver
- The manufacturer of the truck
- Another driver who may have caused the accident
- A government entity
An experienced Dallas truck accident lawyer will know how to properly investigate your case to determine which potential defendants were to blame for the crash. They would then build your case to minimize your share of the fault and maximize the amount that you recover to compensate you for your injuries. This may involve examining police reports, statements made to the insurance company, interviewing any eyewitnesses to the accident, documenting all of your medical bills, and consulting with medical professionals to determine the severity of your injuries.
If You May Have Been Partially at Fault, There Is Too Much on the Line Not to Hire an Attorney
It is crucial that you make the right decision when it comes to hiring an attorney. Our Dallas truck accident lawyers at Crowe Arnold & Majors, LLP take pride in the compassion we have for our clients. We display this by putting our in-depth knowledge and experience to work in everything we do, resulting in millions of dollars in settlements and jury verdicts for our clients.
Contact Us for a Free Case Review
If you were injured in a truck accident and may have been partially at fault, call our attorneys at Crowe Arnold & Majors, LLP today to book a free consultation. Because we work on a contingency-fee-basis, there are no upfront legal costs.
