Modified Comparative Fault in Grapevine Truck Accident Cases
When a negligent truck driver or company causes you to get in a crash and suffer damages, you could be eligible to collect compensation. However, while one party is often fully responsible for the accident, there are cases where the plaintiff is partially at fault.
Civil laws in this state do not bar you from collecting damages when you share a portion of the responsibility for your accident. Instead, you can file a lawsuit against the other party to recover damages for their portion of the liability. Call a knowledgeable tractor-trailer collision lawyer today to learn more about the modified comparative fault in Grapevine truck accidents.
At-Fault Vehicle Collision Laws
Understanding the difference between no-fault and at-fault states is essential after a truck crash. Grapevine and the rest of the state follow an at-fault rule for vehicle collisions. Under this rule, when someone sustains injuries in a crash with a commercial truck, the at-fault party is legally and financially responsible for the damages.
A diligent attorney in Grapevine knowledgeable about modified comparative fault for truck crash cases could answer questions about the at-fault rule and other applicable statutes that could impact a claim.
What is the Comparative Negligence Statute?
The legislation in this state refers to comparative negligence as proportionate responsibility. Under the Texas Civil Practice and Remedies Code § 33.001, that anyone less than 50 percent responsible for a tractor-trailer accident is eligible to collect compensation from the other party.
When the court finds the plaintiff shares over 50 percent of the fault for an accident, they will not be eligible to collect compensation, and the other party can file a claim to recover damages. The court may find the following parties partially responsible for the semi-truck crash:
- The defendant
- The plaintiffs
- Third-party drivers involved in the collision
The jury can find anyone involved in the tractor-trailer wreck shares a portion of liability for the crash. When this is the case, the plaintiff can file an additional civil case to recover damages from the negligent third party.
Reduced Damages
When the court finds the plaintiff shares from one to 49 percent of the liability for the accident, they will subtract the percentage of their fault from their total award amount. For example, when the total award amount is $100,000, and the court finds the plaintiff is 30 percent liable, they can collect $70,000 in damages. A lawyer in Grapevine experienced with the modified comparative fault in Grapevine truck crash cases could help calculate the potential award under the rule and fight to get the plaintiff the maximum compensation for their injuries.
Call a Seasoned Attorney in Grapevine to Discuss Modified Comparative Fault for Truck Accident Cases
When you are in a severe crash with a tractor-trailer, you must understand how the modified comparative fault rule works to ensure you get the best case outcome possible. It is also vital to prove that the truck driver is over 50 percent at fault for the crash to recover damages.
A dedicated lawyer could explain the modified comparative fault in Grapevine truck accidents and help you collect the settlement you need and deserve. Call our legal team members today to schedule a confidential consultation and let us begin working on your case immediately.