What Happens If A Truck Hits Me And I Am At Fault?

Truck accidents can be devastating and result in catastrophic consequences for the occupants of any passenger vehicles that were involved. When the trucker is at fault for the incident, victims of the crash stand to recover a significant amount of compensation via an insurance claim or lawsuit. However, what happens when the driver of the passenger vehicle — or, in this case, you — was at fault? Do you still have a right to recover compensation via a trucking accident claim or lawsuit? The answer ultimately depends on how much fault the investigators assigned to you for the accident.

Understanding Negligence

Before you can understand why the law may still entitle you to compensation despite your perceived level of fault, it is important to familiarize yourself with the concept of negligence. Negligence is a legal theory that asserts that a party violated a legal standard of care and, because of that violation, caused an accident that caused another person harm. Negligence is the primary cause of action in personal injury claims and lawsuits. In fact, for a person to have such a suit, he or she must prove that the defendant acted negligently in some way. To prove negligence, plaintiffs must establish the following:

• The defendant owed the plaintiff a duty of care.
• The defendant breached said duty.
• There was an actual causal connection between the resulting harm and the defendant’s actions or non-actions.
• The harm was foreseeable, and a proximate cause existed.
• The plaintiff sustained actual damages because of the defendant’s conduct.

If both you and the trucker can establish each of these elements, you have a case of shared fault.

How the Courts Handle Shared Fault

How the courts handle shared fault depends on the state’s contributory or comparative negligence statutes. Such statutes exist to account for situations in which two parties to an accident shared fault, and to help the courts determine who receives compensation and how much. There are three main comparative fault theories that states can follow.

Contributory Negligence

Contributory negligence is the strictest of the three standards. In states that adhere to a contributory negligence standard, plaintiffs may not recover compensation if they share even a shred of fault. For instance, if both you and the trucker contributed to your accident, and if the deciding parties determine that your percentage of shared fault was just 1%, the law would bar you from recovery. Likewise, if the truck driver tries to sue you for damages, the law would not allow him or her to if he or she shares some level of fault.

Fortunately, just a few states maintain such a strict stance. Those are Alabama, North Carolina, Virginia and Maryland.

Pure Comparative Negligence

Pure comparative negligence is the opposite of contributory negligence. In pure comparative negligence states, plaintiffs in personal injury cases may recover compensation so long as their level of fault does not exceed 99%. If you cause an accident in one of these states, and if the deciding parties determine you were 90% to blame, you could still recover damages.

However, be aware that the courts would reduce your award or settlement by the same percentage of fault you assume. Assuming you did assume 90% fault for your truck accident, and assuming your proposed award is $500,000, you would only be able to collect $50,000, or 10% of the full amount.

Modified Comparative Negligence

Comparative negligence laws are a happy medium between contributory negligence and pure comparative fault statutes. In comparative negligence states, plaintiffs may recover compensation only if their percentage of fault does not meet or exceed a certain threshold. In some states, that threshold is 50%. In others, it is 51%. Texas adheres to a modified comparative negligence statute and maintains a threshold of 51%. So long as your percentage of fault remains below 51%, you may still recover compensation for your damages.

It is important to note that in modified comparative negligence states, the courts will reduce the amount of your proposed award or settlement by the amount of fault you assume. For instance, say the percentage of fault the deciding parties assign to you is 40%. Your proposed award is $500,000. The courts will reduce your award by $200,000, or 40% of $500,000. At the end of the day, you will recover $300,000.

How Modified Comparative Negligence Laws May Affect Your Decision To File

Now that you understand contributory fault laws — or, more specifically, Texas’s comparative fault statute — it is time to decide whether you should file a lawsuit against the truck driver in your accident case. An experienced trucking accident attorney can assess your case and advise you of the best way to proceed.

Because trucks are considerably larger than passenger vehicles, there is a strong likelihood that you sustained significantly more damages than the truck driver. Even if you did cause the accident, it may be worth your while to explore your legal options, as your award or settlement could be sizable even after the courts reduce it accordingly. That said, it is crucial that you have an idea of your claim’s worth and your perceived percentage of fault before you pursue legal action. Otherwise, you may end up costing yourself more money than you stand to gain.

Consider, for instance, the example in which the deciding parties determine you were 40% at fault for the accident. If the value of your case is, in fact, $500,000, you stand to recover $300,000. However, before you receive your settlement, your attorney must pay several parties, one of which is him or herself. If your attorney operates on a contingency fee basis, the law and your contract entitles him or her to a predetermined percentage of your winnings. If your attorney’s fee is 30%, as is about average, your attorney will get $90,000 of your $300,000 award. This brings your take-home pay to $210,000.

However, attorney fees are just the tip of the iceberg. You will also likely have to reimburse your lawyer for court-related costs, filing fees, costs to hire experts, etc. If your health insurance company paid for any of your medical or hospital expenses upfront, your lawyer must repay it before it can issue the remainder of the settlement to you. At the end of the day, you may walk home with $100,000, if you are lucky.

While any amount of money can help you on your path to recovery, you need to seriously weigh the costs of your case against your potential recovery. If you will end up paying more in legal fees and related costs than you stand to recover, it may not be worth your while to pursue a truck accident claim.

Consult With a Knowledgeable Truck Accident Attorney

If the truck driver was at fault for your truck accident — or if he or she assumed the majority of fault — then filing a lawsuit against him or her is a no-brainer. However, if you share a substantial amount of blame, it may be in your best interests to consult with an experienced trucking accident attorney before you pursue legal action. The right lawyer can assess your case, estimate a value, inform you of the potential costs associated with a future case and advise you of how to proceed.

The information you glean from an initial consultation with a legal professional may prove invaluable and could save you considerable time, headache and money in the future. Better yet, initial consultations are free. To schedule yours, contact Fielding Law today.