Earlier this month in Grand Prairie, a driver of an SUV named Darrell Juarez was killed in an accident with a semi-truck when the driver collided with the truck that was disabled and legally parked with all required hazard lights and reflective triangles on the shoulder awaiting repair. According to a report by CBS, the accident occurred shortly after 9:00 p.m. on a Saturday night . According to police records, the driver of the SUV was driving erratically and may have crossed into the shoulder where the semi-truck was parked.
After colliding with the truck, the SUV rolled over and eventually burst into flames. The driver was unable to get out of the car and was badly burned and died. Fortunately the driver of the 18 wheeler was not injured.
At this point, police believe that the driver of the SUV may have been intoxicated, which seems obvious given his driving and the time and day of the needless collision.
Who Is Responsible in Texas 18 Wheeler Accidents?
On occasion, one party is solely responsible for an accident. However, more often than not, both parties share in the fault for a collision. For example, consider the above scenario; what if the semi-truck had not pulled off far enough onto the shoulder to be completely free from the flow of traffic?
If that was the case, it may be true that the driver of the SUV was driving erratically and was in part responsible for the accident. But the semi-truck driver may also be at fault in that scenario for failing to pull off the road completely.
Determining Civil Liability in Shared Fault Accidents
Texas, like many other states, does not prevent an accident victim from recovering for their injuries merely because they are partially at fault. In fact, as long as a driver is not found to be 51% at fault for the accident, that party can recover from other parties who were also responsible for the accident. This is even the case if there are multiple parties whose percentage of fault are less than the accident victims.
For example, if three vehicles are involved in an accident and the fault is divided up 50%, 20%, 30%, each of the drivers could seek recover from the other two drivers because none of them were 51% at fault for the accident.
Have You Been Involved in a Texas Semi-Truck Accident?
If you or a loved one has recently been involved in a Texas truck accident, you should seek the counsel of an experienced Texas truck accident attorney as soon as possible. Even if you think that you may have been partially at fault for the accident, you may not be barred from recovery. To find out more about the Texas laws that allow accident victims to recover for their injuries, contact the Law Offices of William K. Berenson. Attorney Berenson has over 30 years of experienced litigation on behalf of Texas accident victims and knows what it takes to recover for his clients. Click here, or call 817-885-8000 to schedule your free initial consultation.
18 Wheeler Crashes Into School Bus — Disaster In California, April 11, 2014.
Truck Company Fails In Arguing “Seat Belt Defense,” Is Appealing, April 4, 2014.