Determining who is at fault is crucial in Channelview truck accident cases, especially when dealing with contributory negligence. Once you are able to focus on your recovery, healing, and grieving, it is important to find a lawyer who will best protect your interests. A skilled truck accident attorney can help you file a claim that addresses your injuries while minimizing any responsibility you may have in the crash.
Lone Star Injury Attorneys is dedicated to fighting for your rights and securing the best possible settlement for you.
Defining Contributory Negligence
In a truck accident claim, the injured party typically bases their case on negligence. This means arguing that the truck driver owed a duty of care to the injured person and failed to fulfill that duty, leading directly to the injuries sustained.
The truck driver will then present a defense to this claim. In Channelview, the most common defense in vehicle accident cases is contributory negligence. This means the driver may argue that the injured party shares some or all of the blame for the accident.
The purpose of this defense is to reduce or eliminate the truck driver’s responsibility for the crash. If successful, the driver may only owe a reduced amount of compensation—or potentially none at all.
Fault Determines the Figures
After a truck accident, the injured party files a lawsuit in hopes of receiving compensation. The amount of compensation is directly tied to who is found responsible for the accident.
In Channelview, if you are partially at fault for the truck accident, the contributory negligence law allows your compensation to be reduced by your percentage of fault. After hearing arguments from both sides, the judge determines how much responsibility each party holds.
For example, imagine you need $100,000 in medical treatment after the crash. If the judge decides that you were 10% at fault your compensation would be reduced by 10%, or $10,000.
Even if you are partially responsible, the contributory negligence law should not stop you from filing a claim for your injuries. However, there is an important downside: If the judge determines you are 50% or more at fault for the accident, you may not be able to receive any compensation at all.
Ultimately, the judge will determine the percentage of fault, and while no attorney can predict this exactly, a skilled lawyer can build a strong case to minimize your share of responsibility.
Contact Our Channelview Attorneys About Contributory Negligence in Truck Accident Cases
At Lone Star Injury Attorneys, we understand how life-changing truck collisions can be. Injuries can be costly and unpredictable. Amidst the uncertainty of life following the accident, you can receive experienced and dependable representation with us.
Retaining one of our attorneys for contributory negligence in Channelview truck accidents begins with a phone call or inquiry on our website. Contact us today to schedule a free consultation.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
