Stephens Law Firm | October 31, 2025 | Truck Accidents
Truck crashes often cause devastating harm. When you’ve been injured or lost someone you love, it’s natural to replay the events and question your own actions. Maybe you were changing lanes when the truck struck you, or you braked suddenly. You might be wondering, what if I am partly to blame for a trucking accident?
In Texas, you can still seek compensation for your losses even if you share some responsibility. However, your recovery depends on how fault is determined and the percentage assigned to each party.
An experienced truck accident attorney helps individuals hold trucking companies and insurers accountable when they try to shift blame. If you believe you might share partial fault, you can still pursue a financial recovery with skilled legal guidance.
Key Takeaways: Sharing Fault in Trucking Accidents
- Texas follows a modified comparative negligence rule, allowing you to recover damages as long as you’re less than 51% at fault for the accident
- Your compensation will be reduced by your percentage of fault, but partial blame doesn’t automatically disqualify you from financial recovery
- Insurance companies often try to shift blame to victims to reduce their payout obligations, making legal representation crucial
- Common examples of shared fault include speeding, distracted driving, or failing to maintain proper distance, but these don’t prevent you from seeking compensation
- Gathering strong evidence and working with an experienced attorney can help minimize your assigned fault percentage and strengthen your claim
How Does Texas Law Handle Fault in Trucking Accidents?
Truck accidents often involve multiple parties, from drivers and trucking companies to vehicle manufacturers and shippers. Understanding how Texas law handles shared responsibility helps you know what to expect in your case.
Texas Follows Modified Comparative Negligence
Texas applies a system known as modified comparative negligence. This law divides fault among everyone involved. Each person’s compensation is reduced by their percentage of fault.
The 51% Bar Rule
Under this rule, you can recover damages only if you’re found to be less than 51% responsible for the crash. If your share of blame reaches 51% or more, you can’t recover compensation from the other party.
How Fault Affects Your Compensation
When you’re found partially at fault, your recovery is reduced proportionally. For example, if you suffered $100,000 in damages and were found 20% at fault, you could still recover $80,000.
Can I Still Recover Damages If I’m Partially at Fault?
Many people assume they can’t recover anything if they share blame, but that’s not true in Texas.
When You Can Recover Compensation
As long as you’re less than 51% responsible, you can still pursue damages from other negligent parties. Trucking companies, cargo loaders, and maintenance providers may share responsibility depending on the facts of the case.
How Your Percentage of Fault Is Determined
Insurance adjusters, investigators, and possibly a jury decide fault by reviewing evidence such as police reports, photos, and witness statements. They look at every contributing factor to assign percentages of blame.
Examples of Partial Fault Scenarios
Common situations include:
- You were speeding slightly, but the truck driver ran a red light.
- You were changing lanes without signaling, but the truck drifted out of its lane.
- You were momentarily distracted, but the trucker was fatigued and failed to brake in time.
In each scenario, both sides share some responsibility, yet you could still recover compensation for your losses.
What Are Common Ways Accident Victims Share Blame?
Trucking accidents rarely have one single cause. Drivers sometimes contribute in small ways without realizing it.
Following Too Closely
If you were driving too close to a truck, the insurer might argue you had less time to react. However, trucks take longer to stop, and their blind spots can make it hard for them to see vehicles behind them.
Distracted Driving
Even a quick glance at your phone or GPS can draw criticism from insurers. Yet, the truck driver’s distractions, such as texting or eating while driving, often play a much bigger role.
Speeding or Aggressive Driving
A slight increase over the limit doesn’t excuse reckless truck operation. Truck drivers under time pressure often speed, tailgate, or ignore weather conditions, making their share of fault far greater.
Improper Lane Changes
Changing lanes without signaling or checking mirrors can lead to accidents, but truckers also make unsafe lane shifts when they don’t account for their vehicle’s size and blind spots.
Failure to Yield Right of Way
Failing to yield can contribute to an accident, but trucks sometimes ignore traffic signals or assume smaller vehicles will move out of the way.
How Do Insurance Companies Use Comparative Fault Against Me?
Insurers work hard to protect their profits, not injured drivers. They often use Texas’s comparative fault rule to minimize payouts.
Tactics to Shift Blame to Victims
Adjusters may question your memory, highlight minor mistakes, or misrepresent your statements to suggest greater responsibility. Their goal is to lower the percentage of fault assigned to the trucking company.
Lowball Settlement Offers Based on Shared Fault
After assigning an unfair portion of blame, insurers may present a low truck accident settlement offer that doesn’t fully cover your losses. They count on accident victims to accept quickly before realizing the offer’s true impact.
Why You Shouldn’t Admit Fault at the Scene
Apologizing or making assumptions about what happened can hurt your claim. Even saying something like “I didn’t see the truck” could be twisted to imply full responsibility.
Recorded Statements and How They’re Used Against You
Insurance representatives often request recorded statements soon after a truck crash. Anything said, even innocently, can be taken out of context later. It’s better to have an attorney handle communication with insurers to prevent this.
What Evidence Can Help Reduce My Percentage of Fault?
Building a strong case depends on collecting clear and credible evidence. The right documentation can challenge unfair blame and show the true cause of the collision.
Police Reports and Accident Reconstruction
Police reports often outline key details, but investigators can go further by reconstructing the crash. This process uses physics and data to show how vehicles moved before, during, and after impact.
Witness Testimony
Neutral witnesses help confirm what happened. Their statements can clarify details, such as whether the truck drifted across lanes or ignored traffic signals.
Truck Driver Logs and Electronic Data
Trucks have electronic logging devices that record hours of service, speed, and braking patterns. These logs often reveal violations of federal safety rules or driver fatigue.
Traffic Camera and Dashcam Footage
Video evidence provides a clear, unbiased record of the collision. Footage can show how quickly events unfolded and who had the right of way.
Medical Records and Expert Testimony
Your medical records link your injuries directly to the crash. When necessary, medical or mechanical experts can explain how the impact caused those injuries or how the truck’s condition contributed.
How Is Fault Determined in a Texas Trucking Accident Case?
Determining fault involves gathering evidence, interpreting data, and sometimes presenting findings in court.
The Investigation Process
Lawyers often hire investigators to gather photos, black box data, and witness statements. They analyze skid marks, vehicle damage, and road conditions to reconstruct the events accurately.
Role of Insurance Adjusters
Adjusters review the same evidence but from their company’s perspective. Their primary objective is to minimize liability for their policyholder.
Expert Witnesses and Accident Reconstructionists
These professionals use technical analysis to explain why the crash occurred. They can demonstrate that the truck driver’s fatigue, speeding, or mechanical issues were the primary causes.
Jury Determination in Court Cases
If a case goes to trial, the jury reviews all the evidence and decides how much fault each party bears. Their decision affects how much each side pays in damages.
What Damages Can I Recover If I’m Partially at Fault?
Even with partial fault, you can pursue compensation for many types of losses related to your injuries.
Economic Damages
Economic damages refer to measurable financial losses caused by the accident. These are the easiest to calculate because they come with clear documentation such as receipts, invoices, and pay records. Common examples include:
- Medical expenses: Hospital bills, emergency transport, surgeries, rehabilitation, prescription costs, and any future medical treatment connected to your injuries.
- Lost wages: Income you missed while recovering, as well as diminished earning potential if your injuries prevent you from returning to the same kind of work.
- Property damage: The cost of repairing or replacing your vehicle and other personal property damaged in the collision.
- Out-of-pocket costs: Expenses for transportation to appointments, hiring help for daily tasks, or modifying your home to accommodate mobility challenges.
Economic damages are straightforward to document, but they still require careful organization. Collecting medical records and employment verification helps create a clear picture of your financial impact.
Non-Economic Damages
Not all losses are financial. Non-economic damages address the emotional and personal impact of the accident. While these are harder to quantify, they represent very real consequences for your quality of life. Common examples include:
- Pain and suffering: The physical discomfort, ongoing pain, and limitations caused by your injuries.
- Emotional distress: The psychological effects of trauma, such as anxiety, depression, or difficulty sleeping.
- Loss of enjoyment of life: The inability to participate in hobbies, activities, or family events you enjoyed before the crash.
- Loss of companionship: The strain your injuries may place on relationships with your spouse, children, or loved ones.
Texas law allows you to recover for both economic and non-economic damages, even when you share partial fault. The amount you receive will reflect your percentage of responsibility under the state’s comparative negligence system.
How Our Attorneys Can Help
At Stephens Law, we know how insurance companies use comparative fault to reduce payouts. Our attorneys focus on building evidence that strengthens your position and challenges unfair blame.
Thorough Investigation of Your Accident
We collect police reports, driver logs, and witness statements to identify the true causes of the crash. We also work with qualified experts to reconstruct the accident when needed.
Challenging Unfair Fault Assignments
When insurers exaggerate your share of blame, we present clear evidence and arguments that reflect the facts. Holding the at-fault parties accountable often changes how fault is divided.
Negotiating with Insurance Companies
Our team handles all discussions with insurance representatives to protect you from tactics that reduce claim value. We negotiate settlements that reflect your injuries and losses.
Maximizing Your Compensation
We aim to secure a result that fairly addresses your medical expenses, lost income, and long-term needs. Careful documentation and legal preparation help strengthen your claim.
Trial Representation When Necessary
If the insurer refuses to offer a fair resolution, we’re ready to take the case to court. Presenting a clear and evidence-based argument before a jury often leads to stronger outcomes.
Frequently Asked Questions About Sharing Blame for a Truck Accident
What happens if I’m found to be 50% at fault for my trucking accident?
You can still recover damages in fatal truck accident cases since Texas law allows recovery as long as your share of fault is less than 51%. Your recovery will be reduced by your 50% share.
Can the trucking company be held liable even if I share some blame?
Yes. Trucking companies are responsible for their drivers and vehicle maintenance. Even if you contributed to the crash, the company can still be held accountable for its role.
How long do I have to file a claim if I’m partially at fault?
Texas law generally allows two years from the date of the crash to file a personal injury claim. Missing this deadline can prevent you from recovering any compensation.
Will my own insurance rates go up if I’m partly to blame?
Your rates could change depending on your insurer and how much fault is assigned to you. An attorney can help clarify your rights before you speak with insurance representatives.
Should I accept a settlement offer if the insurance company says I’m partially at fault?
You shouldn’t accept a settlement until you understand how fault was determined and whether it’s fair. An attorney can review the offer and ensure your losses are accurately represented.
Contact Our Truck Accident Lawyers in TX Now
Truck accident claims often involve complicated fault disputes. The sooner you act, the easier it is to gather strong evidence before it disappears. At Stephens Law, we help clients protect their rights and pursue fair results when insurers try to shift blame.
If you’ve been injured or lost someone you love in a trucking accident, contact our team for a free, no-obligation case evaluation today.
