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I was partially to blame for an accident; can I recover damages?

Truck accidents in and around San Antonio are more common than some may like to believe. Sometimes, these accidents are unavoidable, caused by bad road conditions or a driver quickly trying to dodge a stalled car. Other motorists on the road have a responsibility when driving around 18-wheelers, including staying out of blind spots and not following too closely. If your actions could have prevented a collision, you may be held liable for the truck accident, at least partially. Even so, you may be able to recover damages.

Recovery of damages in this instance is due to the comparative negligence theory. In general, there are three different categories of comparative negligence. The first is pure contributory negligence. Under this theory, one party must be completely at fault for the other to be compensated. If the suing party is even one percent at fault, they get nothing.

The second category is pure comparative fault. This is a trickier theory, in which damages recoverable is dictated by how much you are at fault. For instance, if a driver runs a red light and hits you, but you don’t have your taillights on, the person running the red light still may be able to claim damages.

The final category is modified comparative fault, or proportionate responsibility, which is the theory Texas follows. If one driver is more than 50 percent at fault, they are unable to claim damages.

Fault is decided and dictated by the courts in the event of a truck accident. As such, it may be beneficial to have a personal injury attorney by your side who may be able to fight the courts on your behalf. 

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Marynell Maloney Law Firm, PLLC
922 S. Alamo St
San Antonio, TX 78205
Phone: 210-446-0035
Toll Free: 800-717-6011
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