When you’re involved in an accident with a commercial vehicle, determining fault is crucial. Commercial vehicles are often larger and heavier than regular cars, so accidents can be more serious. Knowing who is responsible affects who pays for damages and injuries.
How to determine fault
For commercial vehicle accidents, investigators examine evidence such as police reports, witness statements, and accident photos. They assess whether the driver violated any specific regulations, such as Hours of Service (HOS) rules, which limit driving hours to prevent fatigue.
Drivers must also comply with vehicle maintenance requirements and conduct pre-trip inspections to ensure brakes, lights, and other equipment function properly. If a driver fails to adhere to these regulations, it can be a sign of negligence.
The role of insurance
Texas follows a “fault” insurance system, meaning the person responsible for the accident must pay for the damages. Commercial vehicle insurance policies are usually larger because the potential damage can be significant. If you’re not at fault, you can file a claim with the at-fault party’s insurance to cover your expenses.
Comparative negligence in Texas
Texas uses a system called “modified comparative negligence.” This means if the court finds you partly at fault for the commercial vehicle accident, they may reduce your compensation. If they find you more than 50% at fault, you may not receive any compensation. For example, if the court says you’re 30% responsible for the accident, you can only recover 70% of the damages.
Moving forward with confidence
Knowing the rules surrounding fault in commercial vehicle accidents can help you navigate the situation better. Always stay safe and be aware of your surroundings on the road.