No two truck accidents are the same, but they often share common causes. For example, maybe your crash happened while you were driving through the Dallas-Fort Worth area, and a large commercial truck entered your lane. You hit the brakes, but the crash happened anyway.
You were left with serious injuries, and the trucking company’s insurer is saying that you were partly at fault because you were speeding, distracted, or had broken brake lights.
Does that mean you’re out of luck and you can’t make a fair recovery? Not necessarily.
You Might Be Partly to Blame—But That Doesn’t Mean You Don’t Have a Case
Texas law doesn’t demand perfection. It demands fairness, and understanding the modified comparative negligence rule is key to protecting your right to compensation after a truck accident.
What Is Modified Comparative Negligence in Texas?
Modified comparative negligence is a legal standard Texas uses to assign financial responsibility after an accident. It means that multiple parties—including you—can share fault for a crash. But your ability to recover damages depends on how much fault is assigned to you.
The 51% Bar Rule
Here’s how the 51% rule works:
- If you’re 50% or less at fault, you can still recover damages, but your recovery will be reduced by the amount of fault attributed to you.
- If you’re 51% or more at fault, you are barred from receiving any compensation.
So if a jury finds you 30% at fault and your damages total $100,000, you could still recover $70,000. But if you’re found 51% at fault, you get nothing.
How Does Fault Get Divided After a Truck Accident?
Determining fault isn’t a guessing game. It’s based on evidence such as traffic camera footage, witness statements, police reports, the truck’s black box data, and other relevant data.
Here are a few situations when fault might be split:
- You were speeding, but the truck driver was texting when they crossed the center line.
- You didn’t use your turn signal, but the truck made an illegal lane change.
- You stopped suddenly, but the truck was overloaded and couldn’t brake in time.
Every truck accident case is different, and trucking companies have entire teams working to shift as much blame onto you as possible.
Do You Need a Truck Accident Lawyer Even if You Know the Truck Driver Was Primarily at Fault?
Yes. You may be confident that the trucker, trucking company, or another defendant was primarily responsible for the accident. However, you still need to prove it to the insurance company or court before you can recover compensation.
If you hire an experienced truck accident lawyer, you don’t have to worry that:
- Evidence disappears fast. Trucking companies are only required to retain certain records, such as black box data or driver logs, for a limited period. A lawyer can act quickly to preserve that evidence.
- Insurers play hardball. They’ll often try to exaggerate your role in the crash to avoid paying, or try to pressure you into an early settlement before you know the full value of your claim. An attorney knows how to push back with facts and expert testimony.
- Your injuries could cost more than you think. Medical bills, future care, and lost income all need to be calculated accurately so you don’t settle for less than you deserve.
Instead, you can focus on your recovery.
What to Do If You’re Being Blamed for a Truck Accident
Don’t panic—and don’t admit fault at the scene, even if you’re unsure what happened. Your actions after the crash can make or break your case. Accordingly, it’s essential to:
- Get medical attention. Even if you feel fine, some injuries take time to show up.
- Report the accident to the police. Then, get a copy of the report as soon as it becomes available.
- Document the scene. Photos, witness info, and even your own memory of what happened may be essential evidence.
- Avoid giving detailed statements to insurers. Let your attorney handle communication with the insurance company.
An experienced Dallas truck accident lawyer can help you every step of the way. Attorney Hunt Bonneau has decades of experience successfully representing individuals injured in truck accidents. He provides personal attention to every client he represents so that each client has peace of mind throughout their case.
Remember: Partial Fault Doesn’t Mean No Recovery
Texas law recognizes that accidents are complicated. You may have made a mistake, but that doesn’t mean you’re the only one to blame. As long as you’re not more than 50% at fault, you may still be entitled to significant compensation.
A trusted truck accident attorney can evaluate your case, uncover the truth, and fight to make sure you’re not unfairly blamed. At The Bonneau Law Firm, we help injured Texans in Dallas-Fort Worth hold trucking companies accountable, and we’re ready to help you, too.