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How Fault is Determined After an 18 Wheeler Accident | Dallas Lawyer

Most 18 wheeler drivers drive safely and follow the regulations given to them by the Federal Motor Carriers Safety Administration (FMCSA), but there are unfortunately some drivers who decide to break the rules and endanger peoples’ lives in the Dallas area.

If you have been injured by a negligent driver, you may be left with life-altering injuries and a complex legal case. The complexity of 18 wheeler accident cases can make them confusing, but after reading this post you will have a better understanding of how fault is determined after an 18 wheeler accident.

You should always consult an experienced Dallas truck accident lawyer after an accident to ensure that your case is being handled properly. Find a great lawyer in the Dallas area by searching “18 wheeler accident attorney near me.”

Who is at Fault for an 18 Wheeler Collision?

Fault in 18 wheeler accident cases is not as easily determined as it is in standard passenger vehicle accidents because, unlike most non-commercial accidents, there are multiple parties who can share fault in 18 wheeler accident cases. The list of possible defendants in an 18 wheeler accident case may include:

  • The truck driver
  • The trucking company
  • The cargo loading company
  • The truck manufacturer
  • The truck maintenance company

Each entity listed above is capable of contributing to the accident by somehow acting negligently. Trucking companies, cargo loading companies, manufacturers, and maintenance companies can cut corners that could result in deadly accidents. Truck drivers can engage in negligent behavior on the road such as texting and driving, or driving under the influence which can endanger innocent lives.

Contact a personal injury lawyer in Dallas if a negligent truck driver or trucking company caused your accident.

Understanding Truck Accident Negligence

Attorneys define fault in 18 wheeler accident cases using the concept of negligence. Negligence occurs when a driver breaches their “duty of care” owed to other drivers on the road by engaging in reckless behavior that endangers their safety. Common examples of negligence committed by 18 wheeler drivers are things like:

  • Distracted driving (i.e. texting and driving)
  • Speeding
  • Running red lights or stop signs
  • Driving under the influence
  • Driving fatigued

Negligence will be determined during the legal proceedings after the accident but is often based on evidence and witness accounts collected at the scene. Dallas truck accident lawyers use their expertise of trucking accident laws to prove negligence in the wake of an accident. Search “18 wheeler accident attorney near me” if you need a lawyer to help you hold a negligent truck driver accountable.

What if I am Partially at Fault for the Crash?

If you are partially at fault for your accident, you may still be able to recover damages due to the modified comparative fault laws in Texas. Modified comparative fault allows drivers to recover damages as long as they are not more than 50% responsible for their accident.

Your percentage of fault in the accident will be subtracted from the total amount of damages awarded to determine the final settlement. For example, if the total amount of damages is determined to be $10,000 and you are 10% responsible for the accident, the final settlement would be $9,000.

Carabin Shaw is Here to Help: Free Case Review

The stakes are too high in 18 wheeler accident cases to attempt to settle a claim without a lawyer on your side. The settlements of self-represented cases are often lower than those where an attorney handles the case. Hiring a personal injury lawyer in Dallas can help you get the settlement you deserve rather than the small offer the insurance company will undoubtedly offer you.

The team at Carabin Shaw has been helping their clients fight back against negligent truck drivers and trucking companies for almost 30 years. Call 1-800-862-1260 for a free, no-obligation consultation today.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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