Can I Still Recover Damages if I Was Partially at Fault in a Truck Wreck?

You were in a truck wreck. Maybe your car slid on wet pavement, or maybe you were changing lanes at the same time the 18-wheeler drifted into yours. Now you're dealing with medical bills, insurance calls, and real pain. 

“But what if the wreck was partly my fault? Can I still get help?”

The answer is yes. In many cases, you can still recover compensation, even if you were partially at fault. But you need the right legal team to make it happen.

At 1-800-TruckWreck, our experienced truck wreck attorneys in Dallas, Fort Worth, Atlanta, and Chicago know how to fight for people in tough situations. Here’s what you need to know.

What Is Comparative Negligence and How Does It Affect My Case?

Let’s say you were speeding a little, or maybe you didn’t come to a full stop before pulling into traffic. That doesn’t mean the trucking company gets off the hook.

Comparative negligence is the legal rule that lets injured people recover compensation even if they share some responsibility for the crash. But the amount you can recover depends on how your state applies the rule.

In Texas and Georgia (including Dallas, Fort Worth, and Atlanta), you can still recover compensation if you’re less than 51% at fault. So if a jury decides you were 20% responsible, and your total damages were $100,000, you could still recover $80,000.

In Illinois (including Chicago), the threshold is slightly lower. You can recover compensation if you’re less than 50% at fault — meaning 49% or below.

But here’s the catch: insurance companies will try to pin more of the blame on you so they don’t have to pay. That’s where an experienced truck accident lawyer comes in.

Real Situations Where Fault Gets Blurred

These wrecks aren’t always black and white. Maybe you:

  • Swerved to avoid a pothole and clipped the side of a commercial truck.
  • Missed a turn signal but the truck was speeding or overloaded.
  • Entered an intersection just as a self-driving delivery vehicle ran a red light.

Now the insurance company is saying it’s your fault, but it’s not the whole story. We dig into the evidence, pull black box data, dashcams, and driver logs, and we fight to make sure your side is heard.

Why You Need a Truck Wreck Attorney on Your Side

Trying to deal with this on your own is a mistake. Trucking companies are backed by legal teams trained to shift blame and minimize payouts. At 1-800-TruckWreck, we bring in:

  • Our Rapid Response Team to investigate immediately
  • Medical professionals who document the true impact of your injuries
  • Crash reconstruction experts who help prove what really happened

We know the roads and laws in Dallas, Fort Worth, Atlanta, and Chicago. We know how local courts view these cases. And we know how to fight — because we’ve done it for thousands of people just like you.

Don’t Let “Partial Fault” Keep You From Getting What You Deserve

Don’t assume you’re out of options.

Did the trucking company follow the law? Did the driver take mandatory rest breaks? Was the truck maintained properly? These are all questions we ask — and the answers often shift the blame back where it belongs.

You only have a limited time to file a claim, and the trucking company is already working on their defense. Don’t wait.

Call 1-800-TruckWreck today for a free consultation with a truck wreck lawyer in Dallas, Fort Worth, Atlanta, or Chicago. We’ll review your case, explain your rights, and fight to get you everything you’re owed.

Related Posts

How Much Is a Truck Wreck Worth in Philadelphia?

Read Article

What Happens if a Tesla on Autopilot Crashes Into You?

Read Article
Daytime photo of several large semi-trucks, including white International and red Kenworth models, parked neatly in a row in marked spaces at a sunny truck stop.

Injured by a Commercial Truck? Here's What to Do

Read Article

Consultas gratuitas
Disponibles 24/7
Sin honorarios a menos que ganemos.

A candid shot of two colleagues, a  woman with long dark hair in a white polo shirt with a logo, and a  man with dreadlocks and glasses in a blue shirt and black vest, working on a laptop together at a table.

OBTENGA SU CONSULTA GRATUITA

¡Gracias! ¡Hemos recibido su envío!
¡Vaya! Algo salió mal al enviar el formulario.
Al hacer clic en «Enviar», acepto que un abogado asociado con 1-800-TruckWreck se ponga en contacto conmigo al número o correo electrónico que proporcioné en relación con los servicios del abogado. También entiendo y acepto que el envío de este formulario no crea una relación abogado-cliente y que la información que envío no es confidencial ni privilegiada.