Texas is one of the most dangerous states for truck drivers, seeing high numbers of truck crashes every year. These accidents can leave victims with a lot of uncertainty and anxiety, especially when trying to navigate all of the legal aspects involved. One question you might have is what is comparative negligence and how does it affect my San Antonio truck accident case?
Comparative negligence is a legal principle that comes into play when determining liability in any accident. It refers to the allocation of fault between multiple parties involved in the accident, including the victim and the defendant.
In a truck accident case, comparative negligence acknowledges that both the victim and the defendant may have contributed to the accident to some degree. It recognizes that accidents are rarely black and white, and often involve a combination of factors that led to the incident.
It can be difficult to navigate the legal processes involved, but the truck accident attorneys at Carabin Shaw can help.
What is Proportional Responsibility and How Is It Applied?When determining compensation in a truck accident case, the concept of comparative negligence becomes crucial. Under Texas law, the amount of compensation a victim can receive is directly affected by their degree of fault in the accident. If the victim is found partially at fault for the accident, their San Antonio truck accident compensation may be reduced proportionally to their level of responsibility.
For example, if a court determines that the victim is 25% responsible for the accident, their compensation will be reduced by 25%. So, if the total damages awarded were $100,000, the victim would receive $75,000 after the reduction. Determining the level of responsibility can be complex, and to best protect your rights and secure a positive outcome, seeking the help of a San Antonio tractor-trailer accident lawyer is advised.
Texas’ Modified Comparative Negligence RuleTexas follows a modified comparative negligence rule, specifically the 51% Bar Rule. This means that if the victim's degree of fault is found to be 51% or more, they are barred from recovering any compensation from the other party or parties involved in the accident.
Understanding comparative negligence is crucial when pursuing a truck accident case in San Antonio. It's essential to gather evidence, witness testimonies, and expert opinions to accurately determine the degree of fault of each party involved. An experienced San Antonio truck accident lawyer can help navigate through these complexities and fight for fair compensation on behalf of the victim.
Finding an Attorney to Prove Negligence and Get You CompensationThe best way to ensure that you are legally protected and able to prove negligence is to enlist the help of an experienced lawyer. They will build a strong, evidence-based case, negotiate and advocate on your behalf, and fight for the compensation that you’re entitled to.
When you work with our team at Carabin Shaw, you can rest assured that you and your case will be diligently and aggressively fought for by our top-notch associates. It is our goal to treat our clients with the utmost care and compassion and get them the justice that they deserve. You can see our commitment to this through Carabin Shaw’s client reviews.
For a free case review / initial consultation, call us toll-free at 800-862-1260. Don’t delay – we have both English AND Spanish-speaking staff available 24/7 to get you started on your journey to justice now.
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