A truck accident turns your life upside down in a matter of seconds. In the days and weeks that follow, you may be dealing with painful injuries, mounting medical bills, missed time at work, and a lot of unanswered questions.
If you are trying to understand your rights after a crash in Texas, one issue can play a major role in your case: comparative negligence. Under Texas law, you are allowed to recover compensation after a truck accident — even if you were partially at fault — so long as the trucking company or driver is found to be more than 50% responsible for causing the crash.
But trucking companies will do anything to avoid paying victims and their families the damages they deserve — often shifting blame, “losing” critical evidence, and downplaying the seriousness of injuries.
At Zehl & Associates, we know what it takes to hold trucking companies fully accountable. With Billions recovered for our clients, including some of the largest truck accident verdicts and settlements in Texas, we have the resources and experience to take on even the most powerful trucking companies and their insurers and not just win, but set records on behalf of our clients.
Below, we break down how comparative negligence works, how it can affect your recovery, and how our undefeated Texas Truck Accident Lawyers secure the maximum compensation possible for our clients.
What Is Comparative Negligence in Texas?
Texas uses a modified comparative negligence rule, which is sometimes called the “51% bar rule.” In simple terms, this means more than one party can be responsible for a truck accident, and that can include the injured person.
Under Texas law:
- You can recover compensation only if you are 50% or less at fault
- Your compensation is reduced by your percentage of fault
- If you are 51% or more at fault, you cannot recover damages
For example, if you are awarded $100,000 but found to be 20% responsible for the accident, your recovery would be reduced to $80,000.
Why Fault Is Often a Major Issue in Truck Accident Cases
Truck accident claims are often more complicated than regular car accident cases. There may be several parties involved, including:
- The truck driver
- The trucking company
- A maintenance company
- Cargo loaders
- A manufacturer of defective truck parts
Because multiple parties may share responsibility, insurers often seek ways to shift some of the blame onto the injured person. The more fault they can place on you, the less they may have to pay.
For example, they might claim that you were speeding, failed to signal, or were distracted before the crash. Even when those arguments are weak or misleading, they can still affect the value of your case if they are not challenged.
How Comparative Negligence Can Affect Your Compensation
Comparative negligence can directly reduce the amount of money you are able to recover. If you are found partially at fault, any compensation you receive will be lowered by that percentage.
That reduction can affect damages such as:
- Medical expenses
- Lost wages
- Reduced future earning capacity
- Pain and suffering
This is one reason trucking and insurance companies often fight so hard over fault. In a serious truck accident case, even a small change in fault percentage can mean a significant difference in the final outcome.
Evidence Can Make a Big Difference
The strength of the evidence in your case can have a major impact on how fault is assigned. To push back against unfair blame, it helps to have clear evidence showing how the crash happened and who was actually responsible.
Important evidence may include:
- The police accident report
- Witness statements
- Photos and videos from the scene
- Truck driver logs
- Black box data
- Dashcam or surveillance footage
- Accident reconstruction analysis
The sooner this evidence is gathered, the better. In some cases, critical information can disappear quickly if no one acts to preserve it.
Why Having the Right Attorney Matters
Comparative negligence cases can become complicated very quickly. A trucking company and its insurer may already be building a defense within hours of the crash. Their goal is often to reduce liability and protect their bottom line, not to make sure you are treated fairly.
An experienced truck accident attorney can investigate the collision, gather evidence, identify all potentially liable parties, and challenge efforts to place more blame on you than you deserve. In a case where percentages of fault matter so much, that work can make a real difference.
Call Zehl & Associates Today for a Free Consultation With an Undefeated Houston Truck Accident Lawyer
Truck accident claims are often high-stakes cases, and insurance companies are known for aggressively trying to minimize what they pay. Zehl & Associates is known for handling complex injury cases and has secured billions of dollars for clients, including record-breaking settlements and jury verdicts.
If you were hurt in a truck accident in Texas, you do not have to sort through the legal process on your own. Contact our Houston truck accident attorneys at 1-888-603-3636 to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours