Comparative Fault in Laredo Truck Accident Cases - Texas 18 Wheeler Accident Attorneys

The saying “it takes two” often applies to Laredo truck accidents where one party caused the majority of an accident, but the victim also contributed to the fault. In some states, being partially at fault negates the victim’s ability to sue for damages. In Texas, a victim can hire a lawyer and sue under the legal notion of comparative fault.

If you fear you couldn’t get compensation because of the part you played in a truck accident, contact the Laredo lawyers at Carabin Shaw today. You still may be able to receive a settlement. Call our toll-free number at 800-862-1260 to schedule a free case review. We offer our services on a contingency-fee-basis, so we don’t get paid unless we win your case. Our attorneys ensure you take the proper legal action to get your compensation.

In a truck accident, two or more parties may share the blame for a wreck. Your lawyer will investigate the circumstances leading to the crash to determine who the court may hold liable. This includes:

• Trucking company
• Truck driver
• Injured victim
• Driver of another vehicle in multi-vehicle wreck
• Vehicle manufacturer
• Third-party logistics company (cargo loader)
• Maintenance company
• Government entity
• Road construction company

Plaintiffs and defendants can bring a third party into a personal injury case and hold them responsible for damages after a commercial trucking accident in Laredo TX. If the accident victim is partially at fault, the court will hold them proportionately responsible for damages.

The court breaks up damages proportionately when two parties are at fault. If a plaintiff suffered $100,000 in injuries because the defendant ran a stop sign in Laredo, Texas, but the plaintiff’s speeding contributed to 20% of the damages, the court will award $80,000. The judge or jury decides the percentages of responsibility by considering the conduct of each party and how much that conduct contributed to the injuries. Your attorney presents evidence to prove the other party’s fault and prove your damages.

In some partial-fault scenarios, the plaintiff cannot collect damages. This occurs when the plaintiff’s fault exceeds 50%. Texas does not allow partially-at-fault victims to win compensation if they were the primary contributors to the accident. This is one of many reasons it is important to sit down with a Laredo 18 wheeler accident attorney before considering a lawsuit.

Each at-fault party in a truck accident must meet the requirements of negligence for the court to award damages. The criteria of negligence are:

• Duty of care
• Breach of duty
• Harm
• Breach as the in-fact cause of harm
• Breach as proximate cause of harm

If the defendant’s actions appear grossly negligent, they may offer a higher truck accident settlement in Texas to avoid punitive damages. The court awards this type of compensation in cases where the defendant’s actions were willful or exceedingly careless.

In many trucking accidents in South Texas, there are two liable parties because the driver is a separate entity from the truck's owner. In these cases, the doctrine of respondeat superior (vicarious liability) makes trucking companies or truck owners liable for the actions of their drivers. However, Texas offers some protection to trucking companies by bifurcating the trial.

A bifurcated trial involves the court splitting the trial into two phases. The first phase considers only compensatory damages, which are the actual economic and noneconomic damages to the victim. The second phase focuses on exemplary damages. By splitting the trial, juries avoid prejudice and increase the fairness of their verdicts. They can focus on one part of the damages at a time.

Hiring a skilled truck accident lawyer in Laredo is essential to achieving good outcomes in a commercial lawsuit against a trucking company. At Carabin Shaw, we know how to navigate the legal system to expedite and maximize your compensation. Read our client reviews to learn more, and call today to begin your quest for legal recourse after a truck accident. We have English- AND Spanish-speaking staff, and someone is available to speak with you 24/7.

For more information:

• Texas Statutes 33
• Cornell Law
• Texas Statutes 72