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Trucking Injury FAQ

What If I'm Partially at Fault?

Can I Recover Damages If I Was Partially to Blame for My Truck Accident?

A common tactic employed by trucking companies and their insurers is to shift blame for a serious truck crash to the injured motorist in a bid to pay lower damages or to escape responsibility altogether. In many cases, insurance companies and trucking companies are hoping to take advantage of the rules of comparative negligence that are in place in Texas and states across the country.

By shifting the blame onto the driver, insurance companies benefit at your expense. It is usually best to contact an attorney if you are concerned that you are being blamed for a more significant percentage of fault than is accurate.

What Is Comparative Negligence?

Comparative negligence is an approach adopted by most states in the country. It means that the contribution of each party involved (or at least two) is evaluated. In other words, the negligence of both the truck driver and the passenger vehicle driver will be weighed to determine how much both can be held accountable for damages. In some states, if the person contributes to the negligence at all, they are no longer eligible to receive additional compensation. In other states, the percentage of their negligence may simply affect how much compensation they get, such as if they contributed 25%, they would get less compensation than if they had not contributed at all.

The two main types of comparative negligence include:

  • Pure:
    The plaintiff will have their damages totaled, then reduced to reflect their contribution to the accident and/or damage related to the crash.
  • Modified:
    Plaintiff will only recover if they are less than 50% responsible. If they are equally or more responsible, they will not be able to recover.

For instance, under the Texas proportionate comparative fault scheme, even a severely injured truck accident victim can be barred from recovering if they are found to be 51% or more at fault. If they fall under that threshold, their recovery can still be reduced in proportion to the degree of their fault. So, if you suffer $1 million in damages, and you are 40% at fault, your recovery will be limited to $400,000. If you are determined to have been 51% or more at fault for the accident, it will be difficult to recover any funds.

Don’t Let Trucking or Insurance Companies Shift Blame

Even if you are partially at fault, you are still eligible for some form of compensation. Any medical bills you incurred should be covered as well as damage to your vehicle. Countless other factors change each case's outcome, so it is nearly impossible to determine how much you can be compensated if you are partially at fault for an accident without deferring to a professional. Disputing comparative fault is a challenging process, and if this type of case goes to court, it will be the jury's responsibility for determining the percentage of fault.

The sooner you discuss your case with a proven truck accident lawyer, the better. Arnold & Itkin has advocated for victims of truck accidents for numerous years, recovering billions of dollars for clients. Call to learn more at (888) 493-1629. Your initial consultation is free.

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  • $8 Billion Top 3 Largest Jury Verdict in U.S. History Arnold & Itkin LLP tried a Risperdal case against Johnson & Johnson for failing to warn about one of the drug’s most damaging side effects: gynecomastia. Our skill, hard work, and dedication resulted in the third-largest jury verdict ever obtained ...
  • $357 Million Largest Workplace Accident Settlement in Texas history Arnold & Itkin LLP secured a massive nine-figure settlement against a transnational corporation for a workplace incident. The settlement set a Texas record for being the largest personal injury settlement in the state’s history.
  • $205 Million Confidential Settlement Obtained for Numerous Clients Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
  • $171 Million One of the Largest Confidential Settlements in History Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
  • $97 Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
  • $92.7 Million Record Settlement for Burn Injury Victim Arnold & Itkin LLP secured a substantial settlement for a man who suffered severe burns in an accident at his job. The settlement set a new record statewide for workers with similar injuries.
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