The other day in Allen, a tractor-trailer collided with a white Chevrolet Cavalier, killing both occupants inside. According to a report by KTEN, the Cavalier was heading westbound on Highway 70, just west of Lone Grove, when the accident occurred. Apparently, both the semi-truck and the Cavalier were heading westbound and the Cavalier turned in front of the semi, causing it to T-bone the car.
After the semi-truck hit the car, it rolled into a ditch and flipped over. Both of the occupants inside the Cavalier were pronounced dead at the scene. The driver was not wearing his seatbelt and it is unknown as to whether the passenger was wearing their seatbelt. The driver of the semi-truck was not harmed in the accident.
Another Fatal Semi-Truck Accident in the DFW Area
It’s only March, yet the DFW has already seen its fair share of fatal truck accidents. The causes for these kinds of accidents vary, however, some themes are present across many of the accidents, including:
- Distracted driving
- Intoxicated driving
- Disregarding traffic laws or signals
- Failing to yield to the driver with the right-of-way
- Fatigued driving
- Equipment malfunction
- Overloaded trailer
Determining Fault in Texas Semi-Truck Accidents
In Texas, determining who is at fault for a fatal truck accident does not need to be an all-or-nothing endeavor. This is because the State of Texas uses the “comparative fault” rule when looking to who may recover from an accident
Under the comparative fault rule, any accident victim who is determined to be less than 51% at fault for the accident can recover from the other parties involved. However, if a party is more than 51% at fault for the accident, that party is barred from recovering from the other drivers.
The Jury’s Job in Personal Injury Cases
In many personal injury cases, the jury’s most important job is apportioning fault between the parties. Most often, one party is not completely innocent and the other 100% at fault (although this can be the case in some hit-and-run and drunk-driving accidents). Therefore, in many cases the jury must determine which party is the “victim” and which is at fault. In accidents with more than two parties, the same rules apply; any person less than 51% at fault can recover from the other parties. This can get confusing as multiple drivers are involved, therefore an experienced personal injury attorney is necessary for these types of cases.
Have You Been Involved in a Texas Truck Accident?
If you or a loved one has been involved in a Texas truck accident, please consider contacting the Law Offices of William K. Berenson. As a veteran Fort Worth accident attorney, Attorney Bill Berenson has over 30 years of experience litigating on behalf of injured Texans. He knows what it takes to recover for his clients. Click here, or call XXXXX to schedule a free initial consultation today.
Fatal 18 Wheeler Accident Raises Issues of Highway Safety , February 19, 2014.
Serious Truck Crash Caused By Distracted Or Tired Driver , February 24, 2014.