Legal issues to consider after a Texas garbage truck accident

On Behalf of | Feb 24, 2021 | Personal Injury, Truck Accidents |

If your vehicle is struck by a garbage truck, you may be entitled to compensation for medical bills, lost wages and other damages. However, depending on the facts of the case, there may be limits to the actual dollar amount that you might receive. Let’s take a closer look at the important facts that might determine the outcome of your claim.

What to know about comparative negligence

The state of Texas uses a comparative negligence system to determine who was responsible for an accident. If you are more than 50% liable for the crash, you will likely be barred from collecting compensation. In the event that you are deemed to be equal to or less than 50% liable for the accident, you can collect a portion of any damages awarded through a settlement or jury award. Let’s say that you obtained an award of $100,000 in an accident that you were 30% responsible for causing. In such a scenario, you would receive $70,000.

Was the other driver acting in an irresponsible manner?

You must show that a garbage truck driver acted in a dangerous manner at the time of the crash to obtain a favorable outcome in your case. For instance, you could establish that this person was drunk, tired or driving the wrong way when the collision occurred. It is important to note that drivers may take actions such as driving on the wrong side of the road if it makes it easier to do their jobs.

Who owns the truck?

If the truck was owned by a private entity, the case will likely be governed by Texas personal injury law. However, if it was owned by a government agency, it may be tried under modified rules. This means that state law might limit the government’s liability in the matter even if you did nothing wrong.

Accidents caused by large trucks may leave victims with broken bones, concussions or internal injuries. An attorney may be able to help you hold the driver who caused the crash responsible for its negligent behavior.