Due to the sheer size of commercial trucks, the destruction in most collisions may result in severe, life-changing injuries or even death. The legal system in Texas does offer victims an avenue to recover compensation for their injuries, as long as they and their lawyers can prove the negligence of the other drivers.
If you’ve been involved in a collision with a commercial truck, you may be wondering who’s at fault. In a truck accident, proving fault is a complex matter, frequently requiring the help of an experienced Texas truck accident attorney with experience and knowledge in truck accident cases.
How Is Fault Proven in a Commercial Trucking Accident?
In commercial trucking accidents, evidence is used to prove the at-fault party. Following a truck accident, you should take photos of the accident scene, any injuries you’ve sustained, and any damage to your vehicle. Also, if there are any witnesses to the accident, try and obtain their contact information and get their written statements of what occurred at the truck accident scene. Another essential component to proving liability and fault after trucking accidents is proper documentation like:
- Medical records
- Police reports
- Accounting of your damages
In a truck accident claim, proving fault requires a comprehensive investigation of all the facts, compiling relevant proof to present in court or settlement negotiations, and researching applicable laws on liability and negligence. There are four components that you’ll need to prove to prevail on a negligence claim. These are:
- The liable party owed you a duty of care
- This party breached this duty of care towards you
- This breach directly caused your injury or damages
- You’ve also suffered monetary damages as well as a result
It’s essential to speak with an experienced Texas truck accident lawyer who knows the specific hassles of truck accident case liability.
How a Texas Truck Accident Lawyer Proves Fault
The comparative fault principle provides an insurance company with a strong weapon in negotiation processes with accident victims. You’ll be with experienced insurance specialists and lawyers working with the truck company who do not have your best interests in mind.
However, an equally experienced truck accident attorney will fight to get you fair compensation that will help cover your losses and expenses. Below are several ways that skilled truck accident lawyers work:
1. Gather Sufficient Evidence
A knowledgeable personal injury attorney will begin by learning how the truck accident occurred so they may determine if it involved negligent driving or another external factor. To do this, the attorney will gather up various types of evidence, such as:
- The collision report that the police prepared at the scene of the accident
- Medical records that indicate the extent and cause of your injuries
- Pictures of any damage to your vehicle and your injuries
- Witness statements that describe how the accident occurred
- Citations that prove the truck driver repeatedly violated traffic laws
The truck accident lawyer may also hire an accident reconstruction professional if needed.
2. Prepare Your Accident Claim
A truck accident claim needs to contain a description of the accident occurrence, your identification information, the negligent driver’s identification information, and the amount you are seeking in compensation. The lawyer will ensure your claim meets the content and format requirements of the insurance company and that it contains the proper determination of fault, along with the right monetary amount, which will include:
- Your actual damages: lost wages, medical care costs, future costs for rehabilitation and treatments
- Other compensation for non-economic damages: mental anguish, emotional trauma, pain and suffering, and loss of enjoyment of life
You and your attorney will discuss all your legal options in your initial consultation before they pursue compensation on your behalf.
3. Conduct Settlement Negotiations
A skilled truck accident attorney will negotiate with the insurance provider to get you a reasonable compensation settlement. But, these negotiations won’t extend beyond the moment when taking further legal action would be too late.
If You’re Partially Liable, Can You Still Recover Compensation?
Texas follows what’s known as a 51% Bar Rule of Comparative Negligence. This means you are still able to recover compensation for damages and injuries even if you had a partial fault in the accident. However, you can’t be found to have more than 50% liability, or you won’t be eligible to recover compensation. Assuming your level of liability was 50% or less, the compensation you receive will be decreased by your portion of fault.
For instance, if you were involved in an accident and were 20% responsible for this accident and you sustained $1 million in damages, you’d wind up with $800,000 in compensation. An experienced personal injury lawyer will have the right skills to build your case at every stage of the process so that you are able to minimize your percentage of fault and maximize the compensation allotted to you.
Reach Out to Dale Rose, Experienced Truck Accident Lawyer in Texas Today
A negligence claim may get complicated very quickly, especially when it involves insurance companies and damages and liability is being questioned. Our reputable truck accident attorney, Dale Rose, will help you prepare a powerful negligence case to present in court and negotiate with the truck driver’s insurance company toward a reasonable and fair settlement.
If you’re struggling with an injury as a result of a truck accident that a negligent party caused, reach out to Dale Rose and his legal team. Even if the negligent party and their insurance company won’t negotiate fairly, our experienced Texas truck accident lawyer can help. Dale Rose will work hard to get you the compensation you are entitled to, even if you’re partially at fault. If you’re involved in a truck accident that caused you injury, don’t hesitate. Call us at (972) 634-ROSE (7673) or fill out our contact form to schedule your free consultation.