After a serious truck accident, you may wonder who is responsible for your injuries and how much compensation you can actually recover. In many cases, both the truck driver and the other motorist share some level of fault for the crash. Understanding contributory negligence in Houston truck accidents—and how it applies to your case—can make a major difference in the outcome of your claim.
At Mostyn Law, we understand that courts sometimes struggle to determine fault. Our attorneys have handled complex truck accident cases, and we understand how insurance companies use shared fault to limit what injured motorists can recover. We can thoroughly examine every piece of evidence and fight to ensure that contributory negligence does not prevent you from receiving the compensation you deserve.
Contributory negligence is a legal principle that applies when two or more people contribute to an accident. In simple terms, it refers to your share of responsibility for what happened. The state follows a modified comparative negligence system, which means you can still recover damages even if you were partly at fault—as long as your share of responsibility is 50 percent or less.
For example, if a court awarded you $100,000 in damages but found you to be 20 percent at fault, it would reduce your recovery to $80,000. However, if you are 51 percent or more responsible, the law bars you from collecting anything. In shared-fault semi-truck collision claims in Houston, insurance companies often try to shift more blame onto claimants to minimize payouts or deny claims entirely.
Our team at Mostyn Law knows how to challenge these tactics. We gather detailed accident evidence—such as dashcam footage, black box data, and witness statements—to prove how the trucking company or driver was primarily at fault.
In Houston commercial vehicle crashes, parties may allege that the injured party was negligent in a variety of ways. Some of the most common situations include:
These defenses are common in truck accident litigation, but they do not present the complete picture of the situation. Trucking companies are responsible for properly training their drivers, maintaining their vehicles, and adhering to federal safety regulations. Our lawyers ensure that the court fully considers these issues when determining fault.
Even if you are partially at fault for your heavy vehicle collision in Houston, you may still recover damages for:
Because of the state’s modified comparative fault rule, the percentage of fault assigned to you directly impacts the amount of compensation you receive. That is why it is critical to work with our experienced legal team, who can ensure solid evidence, not insurer assumptions, determines fault percentages.
If you sustained injuries in a commercial vehicle crash and worry that partial fault might reduce your recovery, we could help. Mostyn Law understands contributory negligence in Houston truck accidents and can work to protect your right to compensation.
We can review your case and gather the necessary evidence. We will work tirelessly to support you throughout your case, as you deserve our full commitment. Call us today to schedule a case review.
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