If you were injured in a truck accident, one factor that can directly impact whether you can recover compensation and how much is whether you contributed to the accident. This legal concept is known as comparative fault and is treated differently in different states. Here is how comparative negligence affects motor vehicle accident claims in San Antonio.
What Is Shared Fault?
Shared fault occurs when the accident victim contributes to causing the accident that injured them. For example, one driver may have been speeding while another was distracted. In these cases, the accident victim may or may not be able to recover compensation, depending on how the state addresses this issue and how responsible the victim was for causing their own injuries.
Different Approaches to Shared Fault
There are a few different ways that states address cases involving shared fault. The historically traditional way was to bar recovery under a legal doctrine known as contributory negligence. Under this doctrine, if the victim was found to have contributed to the accident to any degree, they were not able to pursue any compensation. Due to the strict nature and often unfair outcomes of this rule, most states have eliminated the contributory negligence system, but a few states still use it, such as Alabama and Virginia.
On the opposite extreme is pure comparative fault. Under this system, the accident victim can recover compensation for an accident even if they were mostly at fault. Even if they were 99% at fault, as long as someone else was at fault for the remainder 1%, they can pursue compensation for that one 1% of damages they sustained that were not their fault.
In the middle is modified comparative fault. In these states, the accident victim can pursue compensation as long as their degree of fault does not exceed a certain threshold, usually 50 or 51%. However, their compensation is reduced proportionately by their degree of fault.
What Is Texas’ Shared Fault Rule?
Texas uses modified comparative fault. Here, accident victims can pursue compensation as long as they were not more at fault for the accident than the defendant. However, their compensation is reduced by their degree of fault.
How Shared Fault Could Apply in a Texas Truck Accident Case
Suppose you were traveling down US-90. You were traveling 5 mph over the speed limit. A truck driver failed to check his blind spots and sideswiped you. The jury may find that you were contributed to the accident and find you 10% responsible. If you suffered damages of $100,000, you could still recover $90,000 because that is the share of harm attributed to the driver.
Contact George Salinas Injury Lawyers for Help with Your Case
Even if you think you may have contributed to the accident that harmed you, you likely still have a right to pursue compensation. Truck accidents often occur due to factors that regular drivers are unaware of, such as fatigued driving, maintenance issues, or unsafe hiring practices. An experienced attorney from George Salinas Injury Lawyers can investigate your case and work to show that you were not mostly at fault for the accident. Contact us today to begin with a free consultation.