Determining fault in a Houston truck accident is essential for seeking the compensation you need and deserve. Whether you’re seeking compensation through an insurance claim or a personal injury lawsuit, working with an experienced Houston truck accident attorney who can help establish fault is vital to your case’s success.
Types of Evidence That Establish Fault
Various types of evidence are used to establish fault in truck accident cases. Some of the most common types of evidence in a truck accident lawsuit include:
- Accident reports from law enforcement
- Eyewitness statements
- Black box data from the truck
- Traffic, security, and dashboard camera footage
- Truck logbooks and maintenance records
An experienced truck accident attorney knows how to gather this evidence before it disappears.
Texas Comparative Negligence Laws
Texas uses a modified comparative negligence rule that reduces a plaintiff’s damages by their degree of fault in the truck crash. For example, a plaintiff who is 20 percent at fault would have their compensation reduced by 20 percent. It also bars truck accident victims from recovering damages if they are more than 50 percent at fault.
Who Can Be Held Liable in an 18-Wheeler Accident?
Depending on the circumstances of the truck accident, the parties that could be liable are:
- Truck drivers
- Trucking companies
- Cargo loaders
- Truck manufacturers
- Truck maintenance providers
- Other drivers
- Government entities
Frequently Asked Questions
Below, you’ll find answers to some of the most frequently asked questions about Houston truck accident cases.
What should I do if I was partially at fault for the accident?
Suppose you were partially at fault for the accident. In that case, you should avoid providing a recorded statement to any insurance adjusters until after speaking with an attorney.
Can I sue the trucking company instead of the truck driver?
You may be able to sue the trucking company if its actions contributed to the accident. They may have engaged in negligent hiring, failed to train the driver correctly, failed to provide routine maintenance, or encouraged the driver to skirt trucking regulations.
How long does a truck accident case take to settle?
Depending on the circumstances of the accident, a truck accident case could take several months to several years to settle. Due to the parties and compensation involved, truck accidents typically take longer than car accidents.
Will my truck accident claim go to trial?
Most insurance claims and personal injury lawsuits settle before going to trial. Settlements are often in the best interests of all parties involved. However, truck accident lawyers are always prepared to take your case to trial if a fair settlement can’t be reached.
How much does it cost to hire a Houston truck accident lawyer?
Houston truck accident lawyers typically work on a contingency fee basis, meaning they get paid a percentage of the compensation they secure for you. This means it doesn’t cost anything out of pocket to hire a truck accident attorney in Houston.
Contact a Houston Truck Accident Lawyer Today
If you were injured in a Houston truck accident, contact the truck accident lawyers of Fibich, Leebron, Copeland & Briggs for a free consultation. Our firm has been serving the Houston community with exceptional legal support for over several decades and has won many multimillion-dollar verdicts for injured clients. We also have three attorneys who are board-certified by the Texas Board of Legal Specialization and are ready to put their skills to work for you.
