How Is Fault Determined in a Texas Truck Crash?

For the victims of a Texas truck crash, determining fault is central to establishing liability for the damages caused, including medical bills, property damage, lost income, pain and suffering, and more.

Because truck accidents can lead to life-altering injuries, the stakes couldn’t be higher. At the same time, truck accident claims are notoriously complex for a variety of reasons, from the multitude of parties who can be at fault to the state and federal regulations that govern the commercial vehicle industry.

Nevertheless, you shouldn’t sit back and wait for someone else to determine fault. If you rely on other parties or their insurance companies, it could be very difficult to achieve the justice you deserve. Instead, we recommend working with a truck accident attorney in Houston who knows how to establish fault, calculate compensation, negotiate with insurance companies, and—if necessary—represent you in a court of law.

At Patrick Daniel Law, we are Strategic. Meticulous. Merciless. in our mission to hold negligent parties accountable and help victims recover the compensation they deserve at the time they need it most.

Were you injured or did you lose a loved one in a Texas truck crash? Call us today at (713) 999-6666 to schedule your FREE consultation with a Houston truck wreck attorney.

Who Is At Fault in a Texas Truck Crash?

Who is ultimately deemed to be at fault for a truck crash in Texas depends on whose negligence led to the accident. Several parties could be fully or partially responsible for a crash, including:

• Truck driver: In cases where speeding, reckless driving, distracted or drowsy driving, or driving under the influence is the root cause, the driver is often at least partially responsible for the accident.
• Trucking company: If the trucking company, often referred to as the “carrier,” failed to screen drivers properly, neglected to perform proper vehicle maintenance, or forced drivers to stay on the road longer than allowed under Federal Motor Carrier Safety Administration (FMCSA) guidelines, they could be at fault for the accident.
• Vehicle or parts manufacturers: Manufacturers are required to take appropriate action if and when they identify potential product defects that could lead to dangerous situations. If they fail to do so, they could be held at fault for an accident caused by a defective part.
• Truck service providers: If a repair shop uses faulty parts or improperly services a truck, or a loading company fails to secure a truck’s cargo properly, liability could fall on them.
• Other motorists: Truck accidents can also be caused by other motorists on the road, with the truck driver also being a victim. In these cases, the other driver would be at fault.

Identifying the at-fault party and proving negligence is vital, but know that the parties involved will go to great lengths to avoid being held accountable.

Who Determines Fault in a Truck Wreck?

The ideal method for recovering compensation is to negotiate a settlement offer with the insurance company. However, this requires the company to accept liability on behalf of the policyholder.

While they are not eager to do so, a settlement is generally more cost-efficient for them than fighting the claim in court. So if the evidence is strong, they will likely negotiate an offer.

If they do not accept liability, then it would be up to either mediation between attorneys or litigation in court, in which case a judge and jury would evaluate evidence to determine fault and compensation.

How Do Insurance Adjusters Determine Who Is At Fault?

Insurance adjusters primarily determine fault based on a few key things:

• Police reports: These lay the groundwork for how the accident took place, giving adjusters a starting point to unpack what happened and why.
• Physical evidence: Evidence can include everything from photos of the accident scene to driver logs and CDL records. What type of evidence is most impactful depends on who was at fault. If, for example, a loading company’s negligence led to the accident, then proof of past errors or gaps in training protocols could serve as critical evidence to establish liability.
• Witness statements: If others saw the accident take place, their account of events can play a significant role in uncovering how the accident occurred and who was at fault, so it’s important to identify any witnesses as soon as possible.
• Expert input: In situations where technical factors led to the accident, such as a parts defect, adjusters may rely on experts who can analyze the evidence to help determine negligence.

While these may all seem like objective sources, you should never rely on the adjuster’s determination alone. Working with a Texas truck wreck attorney who can gather and analyze evidence and keep the insurance company accountable can be crucial to ensuring your rights are protected.

What If They Claim I’m Partly To Blame for the Wreck?

Part of why conducting your own investigation is important is that the insurance company may claim you are partially responsible for the accident, in which case you may need to be able to defend yourself against their claims.

Texas uses a modified comparative negligence rule, meaning you are still able to recover compensation if you are partially at fault, provided you are less than 50% at fault. If that’s the case, the total compensation you are eligible to recover is reduced by the percentage of fault you share. For example, if your damages total $500,000 but you are deemed to be 25% at fault, then you would be eligible to recover $375,000 in compensation.

Should I Hire a Truck Wreck Law Firm?

Hiring a truck accident firm to handle your claim can be very beneficial for several reasons, many of which we’ve already touched on here. Those include:

• Managing the complexity of determining fault: Identifying the correct party and building a case against them can be highly complex, requiring an in-depth investigation where you know what to look for and how to establish fault.
• Holding the insurance company accountable: Adjusters will do whatever they can to negate or mitigate their liability, including underhanded tactics like low-ball settlement offers and attempting to receive additional statements or medical records to try to undermine your claim. An attorney can help defend your rights and hold them accountable.
• Calculating damages: Ensuring you fully account for your damages is crucial to recovering the compensation you deserve. These should include both economic and non-economic damages, present and future, which an experienced attorney can help determine with precision.

With so much at stake in Texas truck crash claims, an experienced Houston truck accident lawyer can strengthen your case and handle the heavy lifting while you focus on getting better.

Read More: How To Help Your Big Rig Accident Law Firm Win Your Case

Do the Insurance Companies Want Me To Work with a Lawyer?

Insurance companies would be very content if accident victims never worked with attorneys. It is generally far easier to negotiate directly with victims who do not have experience handling claims or fighting for fair compensation.

Insurers often push for additional statements and medical records, but you are under no obligation to provide them. These requests are designed to uncover minor inconsistencies they can use against you. That’s why your attorney—not you—should handle all communication.

Read More: How Do I Deal With Insurance Companies After a Big Rig Accident

Contact Patrick Daniel Law Today for a FREE Case Evaluation

At Patrick Daniel Law, our goal is to provide our clients with reliable, results-focused representation and make the process as easy as possible. This is why our truck wreck law firm offers FREE consultations with no obligation, and you only pay when we recover compensation on your behalf.

To get started, contact us today. We can discuss the details of your Texas truck crash claim and the options available to you. Our personal injury firm represents clients in Houston and throughout Texas.