Getting into a collision with a semi-truck is terrifying. Unfortunately, it’s not uncommon on Dallas highways. But what happens if you think you were partly to blame?
The first thing to remember is that the insurance company may try to exaggerate your level of fault, and it’s important to find an attorney who will push back against unfair accusations. Even if you are partially at fault, you may still have the right to pursue compensation after a truck crash in Texas.
Fidel Alex Martinez is a truck accident lawyer in Dallas. At The Law Office of Fidel Alex Martinez, PLLC, we help accident victims navigate these complex cases.
Understanding the Texas Comparative Fault System
Texas follows a legal doctrine known as proportionate responsibility, also referred to as modified comparative fault. Under this system, if you are injured in an accident, your ability to recover compensation depends on your percentage of fault in causing the crash.
If you are 51% or more at fault, you cannot recover damages. If you are 50% or less at fault, you can still recover compensation, but your award will be reduced by your percentage of fault.
For example, if you are awarded $100,000 in damages but found to be 30% responsible, you would still receive $70,000. This is often referred to as the 51 percent rule in Texas, and it plays a central role in truck accident litigation throughout the state.
Why Partial Fault Is Common in Truck Crashes
If both parties may have contributed to the crash, it doesn’t mean the injured driver loses their right to pursue compensation. Consider a situation where a passenger car merges in front of a truck without signaling, but the trucker was exceeding the speed limit.
How Fault Is Determined in a Trucking Accident?
Trucking companies and their insurers are quick to shift blame so they can avoid responsibility. That’s why determining fault in a trucking accident requires careful investigation. At The Law Office of Fidel Alex Martinez, PLLC, we investigate truck accidents by:
- Examining black box data from the truck
- Requesting logbooks and hours-of-service records
- Reviewing surveillance or dashcam footage
- Interviewing witnesses
- Evaluating road and weather conditions
- Analyzing accident reconstruction reports
Even if you made a mistake on the road, our goal is to demonstrate that the trucking company, driver, or third party bears the greater share of fault, keeping you below the 51% threshold and protecting your right to compensation.
Parties That May Be Liable
One of the reasons truck accident cases are so complex is that more than one party may be responsible for the crash. Semi-truck operations often involve multiple entities, and liability can extend to:
- The trucking company, for negligent hiring, training, or pressuring drivers to meet unsafe schedules
- A maintenance contractor, if a mechanical failure contributed to the crash
- A cargo loader, if the load was imbalanced or unsecured
- A parts manufacturer, in cases involving defective brakes or tires
Identifying all responsible parties is critical. It allows us to distribute fault properly, and this can increase your total available compensation even if you were partially to blame.
Damages in Truck Accident Claims
As long as you are less than 51% at fault, you may recover compensation for:
- Medical expenses (emergency care, surgeries, rehabilitation)
- Lost wages and reduced future earning ability
- Property damage
- Pain and suffering
- Emotional trauma and PTSD
- Loss of enjoyment of life
What to Do After a Semi-Truck Crash in Dallas
After a truck accident occurs, time is of the essence in these cases. Evidence fades fast, and trucking companies often have legal teams working against you from day one. Taking the right steps after a truck accident is critical for protecting your claim:
- Call 911 and seek medical treatment immediately
- Report the accident and request a police report
- Document the scene with photos and notes if you’re able
- Get witness contact information
- Do not admit fault; even casual comments can be used against you
- Contact a truck accident lawyer before speaking with the insurance company
Talk to an Experienced Dallas Truck Accident Lawyer Today
At The Law Office of Fidel Alex Martinez, PLLC, we understand how overwhelming it can be to deal with the aftermath of a semi-truck crash. Don’t let uncertainty stop you from pursuing the compensation you deserve.
Our legal team is ready to fight for your rights, investigate every angle of your case, and ensure your side of the story is heard. Fidel Alex Martinez is committed to protecting your rights regardless of your background or immigration status.
Call (972) 639-8170 for a free consultation.
Texas Truck Accident Liability FAQs
Can I still recover compensation if I was partially at fault for a truck accident in Dallas?
Yes. Under Texas law, you can still recover compensation as long as you are less than 51% at fault for the accident. However, your total recovery will be reduced by your percentage of fault. This is known as the 51 percent rule, and it plays a key role in any comparative fault truck crash case.
How is fault determined in a semi-truck accident?
Fault is determined by reviewing evidence such as accident reports, witness statements, trucking logs, black box data, and maintenance records. In many cases, multiple parties may share responsibility, including the truck driver or trucking company. This is why these cases require a detailed investigation.
Can insurance companies increase my percentage of fault?
Insurance companies may try to shift more blame onto you to reduce settlement offers or deny your claim. They might argue that you were more responsible than you actually were. Working with a Dallas injury attorney at The Law Office of Fidel Alex Martinez, PLLC can help protect you from unfair fault assessments and ensure your case is properly evaluated.
What damages can I recover if I am partially at fault?
Even if you share fault, you may still recover compensation for:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering