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How Is Fault Determined in a Truck Accident in Irving?

Several parties will investigate a truck accident in Irving to determine fault. Generally, they will collect and review evidence to prove what took place and who is responsible for the crash. These parties can include police, an insurance company, and your personal injury attorney if you hire one.

If you hire a law firm to represent you, it can investigate the accident and ensure your rights and interests are protected as you seek compensation for your damages. They can also evaluate your accident losses and determine how much monetary compensation you can recover.

Evaluating Fault Issues After a Truck Accident in Irving

When the police investigate a truck accident, they explore the collision scene to determine what happened. After all, the police rarely observe an accident as it happens. They have to piece things together after the fact.

Here are techniques a police officer might use to determine what led up to the collision:

  • Look at the street surface for skid marks and other evidence of what happened immediately before and after the crash.
  • Note the physical damage to all the vehicles and other damaged objects.
  • Talk to all the drivers, passengers, and witnesses.
  • Take measurements and photographs if an expert needs to make calculations later.
  • Explore the truck’s cargo to see if improper loading might have been a factor in the crash.
  • Observe parts of the vehicles, like the truck tires, to see if a blowout or flat tire could have been a factor in the accident.
  • Obtain video footage from nearby intersection cameras and residential or commercial security cameras.
  • Depending on what an officer observes at the scene, they might use a breathalyzer or field sobriety test on one or more drivers.
  • If the officer suspects drowsy driving, they might check the truck driver’s logbook to see if the driver exceeded the legal number of driving hours allowed under the law.

In some situations, authorities can use additional techniques to evaluate fault issues after a truck collision.

Who Can Be Liable for a Truck Accident in Irving?

An intentional act like road rage or street racing can cause a truck crash. In those situations, the party who performed the intentional act would be liable for the collision.

Truck accidents can happen because of a mistake by a driver or someone else. The at-fault party likely did not intend to cause an accident or injuries. Here are some of the more common kinds of negligent conduct that can cause a truck accident:

  • Driving while under the influence of alcohol or other drugs
  • Distracted or drowsy driving
  • Reckless driving
  • Speeding, which can be exceeding the posted speed limit or driving too fast for the road, weather, or traffic conditions
  • Failing to yield the right-of-way
  • Running a stop sign or stop light
  • Tailgating
  • Unsafe lane changes

Truck accidents can happen for other reasons. For example, faulty brakes or defective tires could lead to a crash. Texas has its share of severe weather, which can make driving a challenge. Also, poorly maintained streets, inadequate lighting, or road debris could be factors in truck collisions.

What Happens When Two or More Parties Are at Fault in a Truck Accident?

Texas law allows an injured person to recover some of their damages, even if they were partially at fault in a truck accident. They could do this if their portion of fault was not more than 50 percent, according to Texas Civil Practice and Remedies Code § 33.001.

Let’s say a truck and car get into an accident. Each driver has $100,000 in damages. The truck driver was 80 percent at fault, and the car driver was 20 percent at fault in the collision. Here is what can happen:

  • Because the truck driver was more than 50 percent at fault, they will not recover any money from the car driver for their losses.
  • The car driver, on the other hand, had less than 50 percent of the blame, so they can recover some damages. Texas law will reduce their $100,000 in damages to $80,000 to reflect their 20 percent portion of fault.

In short, Texas law provides that a person cannot get a windfall from their carelessness, but if they were not the primary cause of the accident, they can get some help with their losses.

Truck Accident Injury Claims in Irving Have a Filing Deadline

If you do not act right away against the party who caused your injuries in an Irving truck accident, you could lose your legal right to seek compensation for your losses. Time can pass quickly while recuperating from severe injuries, and keeping track of time when you are busy focusing on getting better can be challenging.

The deadline to file a lawsuit for your injuries from an Irving truck accident is two years, per Texas Civil Practice and Remedies Code § 16.003.

We Can Help You After a Truck Accident in Irving, Texas

You can contact Trujillo & Sanchez, P.C. today for a no-cost consultation. We can help you explore your legal options and determine your next steps. We can also assess the damages you suffered in the truck accident in Irving and identify the at-fault parties. Call us today.

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