A six-year-old Orange County Florida boy was killed when he was run over by a semi-truck while walking his bicycle in a crosswalk near his school. According to a report by WFTV.com, the young student was in a group of other students and was easily visible. A semi-truck driver had exited from a highway when he hit the child. The first grader was taken to the hospital where he was pronounced dead. What a horrible story.
The truck driver claims that he did not see any of the children and only knew something was wrong when he felt an unusual bump. How could this happen? Perhaps the driver was fatigued or distracted — or both. We see far too many cases like this.
I am currently working on several cases where people were hit on their motorcycles or bicyles, including a 10-year-old girl who was hit as she was in a cross walk in Fort Worth and seriously injured.
Determining Legal Liability in Texas Personal Injury Cases
Many Texas semi-truck accidents are not necessarily cut and dry. For example, in the case of the accident above, it is unclear whether the truck driver was at fault for the accident or if the student actually ran into the truck. In one case the truck driver would be liable to the family of the young child for their loss. On the other hand, the accident may have been due to the student’s negligence in which case the truck driver may not be at fault.
The Texas justice system understands that some cases are not always clear cut and allow for the accident victim (or their family) to take the case to trial and let the jury decide. In fact, many Texas accident cases are left to the jury to decide exactly what happened and who was at fault.
Apportioning Fault Between Multiple Parties
Sometimes an accident is caused by both parties negligence. In such cases, an injury victim or their family will not be prevented from recovering so long as they are less than 51% at fault. This means that a plaintiff who is 40% at fault for the accident can still recover from the other driver (who was 60% at fault). This rule also applies in cases with multiple defendants, as long as the plaintiff is less than 51% at fault. Note that a plaintiff’s recovery amount will be offset by the amount they are found to be at fault.
Have You Been Involved in a Texas Semi-Truck Accident?
If you or a loved one has been involved in a Texas semi-truck accident you should speak with an experienced Texas truck accident attorney as soon as possible to see if you may be eligible for a monetary award. Texas accident victims, even if slightly at fault, may be able to recover for their injuries, including medical bills, future medical expenses, as well as pain and suffering. Attorney Bill Berenson is an experienced and dedicated Texas truck accident attorney who knows what it takes to recover for his clients. Click here, or call 877-885-8000 today to schedule a free initial consultation.
Reporter Narrowly Avoids Catastrophe as Semi-Truck Swerves Off Road, February 3, 2014.
Early Morning Accident Takes the Life of One in West Virginia, December 26, 2013.