If you’ve been involved in a truck accident in Texas that wasn’t your fault, you might be shocked when the insurance company suggests you’re partially — or even entirely — at fault. This isn’t a coincidence. It’s strategy. Understanding why insurance companies play the “51% blame game” can help you protect your rights and your compensation after a devastating truck wreck.
Texas’s Modified Comparative Negligence Rule
Texas follows a modified comparative negligence system with a critical threshold: if you’re found to be 51% or more at fault for an accident, you cannot recover any compensation whatsoever. This is legally defined under Texas Civil Practice and Remedies Code § 33.001, which dictates that a claimant may not recover damages if their percentage of responsibility is greater than 50%. This all-or-nothing rule at the 51% mark creates a powerful incentive for insurance companies to shift blame onto you, the victim.
Even if you’re found to be less than 51% at fault, your compensation gets reduced by your percentage of blame. If you’re 30% responsible, you’ll receive 70% of your total damages. For insurance companies defending trucking companies, every percentage point of fault they try to shift to you may save them money. At O’Hare and Koch we know their tactics and we are experts at fighting back.
Why Truck Accident Cases Are High-Stakes
Truck accidents typically involve catastrophic injuries — or worse, fatalities — and massive damages. Medical bills can reach hundreds of thousands of dollars. Lost wages, rehabilitation costs, and pain and suffering quickly add up. When potential payouts are this substantial, insurance companies have millions of reasons to fight aggressively.
The danger is statistically clear: according to the National Highway Traffic Safety Administration (NHTSA), 70% of people killed in large-truck crashes are occupants of passenger vehicles, not the truck drivers. Because the damage to smaller cars is often total and life-altering, the financial liability for the insurer is immense.
These companies employ teams of lawyers, investigators, and accident reconstruction experts whose job is to minimize payouts. Their first line of defense? Blame the victim.
Common Tactics Insurance Companies Use
Insurance adjusters are trained to gather information that can be used against you. They might call shortly after your accident, expressing concern while recording your statements. Anything you say — even casual remarks about the weather or traffic — can be twisted to suggest you contributed to the crash.
They’ll scrutinize every detail and look for ways to manufacture excuses: Were you speeding, even slightly? Did you change lanes? Were you distracted for even a moment? They will look for any discrepancy in the official TxDOT crash reports, which document thousands of commercial vehicle accidents in Texas every year. They’ll analyze your cell phone records, review traffic camera footage, and interview witnesses with leading questions designed to cast doubt on your account.
Insurance companies often point to Texas traffic violations or even suggest you failed to take evasive action. They might argue that a “reasonable driver” would have avoided the collision, implying your driving fell short of that standard.
The Trucking Industry’s Deep Pockets and Influence
Commercial trucking companies carry substantial insurance policies, often $1 million or more. With this much money at stake, these insurers spare no expense in their defense. They know most accident victims lack the resources to fight back effectively, especially when dealing with injuries, medical appointments, and financial stress.
These companies also understand the 51% threshold intimately. Their goal isn’t necessarily to prove you’re 100% at fault — they just need to get you over that 51% line to eliminate their liability entirely.
Why You Need a Texas Truck Wreck Lawyer
Fighting the 51% blame game requires legal expertise, resources, and determination — like our team at O’Hare and Koch Law Firm. An experienced Texas truck wreck lawyer understands insurance company tactics and knows how to counter them. As your attorney we conduct an independent investigation, preserve crucial evidence like black box data and driver logs, to build a compelling case that accurately assigns fault and maximizes your recovery.
Our skilled lawyers will protect you from making statements that could hurt your case. We’ll handle all communications with insurance adjusters, preventing you from being manipulated or recorded saying something damaging. We’ll also engage expert witnesses: accident reconstructionists, trucking industry specialists, and medical professionals who can testify about what really happened and who bears responsibility.
Protecting Your Rights After a Truck Accident
If you’ve been involved in a truck wreck in Texas, remember: insurance companies and trucking companies are not on your side, even if they seem friendly or helpful. Their goal is protecting their bottom lines, not your wellbeing.
Don’t give recorded statements without legal representation. Don’t accept quick settlement offers before understanding the full extent of your injuries. And don’t try to navigate Texas’s complex comparative negligence system alone.
The 51% blame game is real, and insurance companies and trucking companies play it expertly. Level the playing field by securing experienced legal representation. At O’Hare and Koch Law Firm, we understand these tactics and fight to ensure you receive the full compensation you deserve. When insurance companies try to blame you for their insured driver’s negligence, we push back — hard.
Don’t let the 51% blame game cost you the justice and compensation you’re entitled to. Your future depends on having someone in your corner who knows how to win.
Call us today for a free consultation >
Don’t settle for less than you deserve — let’s get you the justice you’re owed.
