When interpreting injury law in Texas, tort law must always be taken into consideration. Tort law – and the determination of fault – applies to trucking accidents and many other types of injury accidents. In some instances, this law may limit the amount of compensation to which a claimant is entitled. I-45 trucking accident lawyers are knowledgeable about tort laws and how they are applied after any I-45 semi truck crashes or tractor-trailer accidents. However, it is also important for those injured in these incidents to understand tort law in Texas and how it can affect their legal case.
What is Tort Law?
I-45 truck crash attorneys assert that tort law, as it pertains to injuries and accidents, is the concept that a person may be responsible for a wrong against another person that has caused them injury or damage to their property. There are different levels of tort, revolving around the negligence of one party against another. Accident tort is usually considered to be just that – an accident. Even so, tort law allows the courts to determine the level of fault for each involved party in a trucking accident and award damages based on that degree of fault.
Tort Law in Texas
Trucking accident attorneys state that Texas is known as a tort reform state, meaning tort law has been revised in some instances to protect an individual from excessive and unwarranted requests for damage payments. This only applies to medical malpractice, where claimants are limited as to the amount they can receive for non-monetary loss, such as pain and suffering. Where tort law applies to I-45 semi truck crashes, and other vehicle accidents, there are no statutory caps. Awards for damages are based on each party’s level of fault.
Texas Tort Law and Truck Accidents
A claimant must be aware they are legally subject to tort law when receiving an award of money for injuries sustained in Texas trucking accidents. So, while victims of these events are entitled to sue for pain and suffering, they may also be found partially responsible for the accident, meaning any award for damages can be adjusted accordingly.
One example of this would be a situation where a driver in a passenger car brakes to avoid an accident, only to be rear-ended by an 18 wheeler truck. Technically, this would mean the truck was following too closely; however, it may be found that the person who braked could have avoided the situation by paying closer attention to the car in front of them. In this instance, it is reasonable for the courts to assign a percentage of fault to the driver of the car, even though damage and injury was caused by the semi truck’s inability to stop quickly enough. This is how tort law applies to vehicle accidents like truck crashes and allows the courts to determine the level of fault, apply it to the total damages award, and then reward an actual dollar amount.
Texas tort law can be confusing to anyone. This is why it is always best for anyone injured in I-45 semi truck crashes as well as any other accidents involving big rigs, to enlist the help of skilled I-45 truck crash attorneys. With a thorough knowledge of tort law, and the best interest of their clients in mind, these experienced attorneys can help claimants gain a fair and reasonable settlement amount!
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