You should also know that Texas follows a system of “modified” comparative fault.
Most of us never truly become aware of the local laws regarding car accidents until the unthinkable occurs. Until that moment, we may only be vaguely aware of the various regulations surrounding these dangerous events. So what kind of laws surround semi-truck accidents in Texas? How do these laws affect you? Perhaps most importantly, how might these laws impact your ability to recover compensation for your injuries?
All of these questions and many others are probably best left answered by a qualified, experienced personal injury attorney in Texas. Not only are these legal professionals well-versed in matters related to truck accidents, but they can also guide you towards a fair, adequate settlement for your injuries. This settlement can cover things like medical expenses, missed wages, and much more. It’s best to book your consultation as soon as possible after your truck accident.
Texas is a “Tort State”
The first thing you need to know is that Texas is a “tort state” – otherwise known as an “at-fault” state1. This means that if you want to receive compensation for your truck accident, you’re going to need to hold someone else liable. This means that you will need to show that their negligence led directly to your injuries. This isn’t always easy, and it will require the assistance of a qualified attorney. In contrast, a “no-fault” state would allow you to simply turn to your own PIP insurance for compensation without having to hold anyone accountable.
Modified Comparative Fault in Texas
You should also know that Texas follows a system of “modified” comparative fault. This means that you can file a personal injury claim even if you are partly to blame for your own injuries – but only to a certain extent. Unlike a “pure” comparative negligence state2, Texas prevents you from receiving compensation if you are more than 50% responsible for the crash. In a pure comparative negligence state, you could still potentially sue if you were 99% responsible for the accident.
Because of these modified comparative fault rules, it becomes very important to prove that you were 50% responsible (or less) for your accident. This is for two reasons: Firstly, you won’t be able to receive any compensation if you are more than 50% responsible for the crash. Secondly, your compensation increases as a result of your fault. The lower your fault, the higher your settlement amount. This means that it’s your attorney’s job to show that your actions played a very small role in causing the accident.
Where Can I Find a Truck Accident Lawyer?
If you’ve been injured in an Arlington truck accident, you might be wondering: “Where can I find truck accident attorneys near me?” The answer is simple: They’re all around you. By reaching out to one of these legal professionals, you can strive for the best possible results and a fair, adequate settlement. Book your consultation today and take your first steps towards justice now.
Sources:
- https://www.bankrate.com/insurance/car/fault-vs-no-fault-accidents/#:~:text=In%20a%20no%2Dfault%20state,the%20other%20driver’s%20hospital%20bills.
- https://www.investopedia.com/terms/c/comparative-negligence.asp
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