Understanding Comparative Negligence in Truck Accidents: Can I Still Pursue a Claim?
Truck accidents are often devastating, resulting in serious injuries, property damage, and emotional distress. In the aftermath of such a traumatic event, it’s not uncommon for individuals to wonder if they can pursue a claim when they may have been partially at fault for the accident. The answer, in many cases, is yes, thanks to the legal concept of comparative negligence. In this blog post, we’ll delve into what comparative negligence means and how it impacts your ability to seek compensation after a truck accident.
Comparative negligence, also known as comparative fault, is a legal doctrine that allows individuals who share some level of fault for an accident to still pursue a claim for damages. This concept recognizes that accidents are often complex and that multiple parties may contribute to the incident.
How Comparative Negligence Works
The application of comparative negligence varies by jurisdiction, but there are two primary types:
- Pure Comparative Negligence: Under this system, you can pursue a claim for damages even if you are primarily at fault for the accident. However, your compensation will be reduced by your degree of fault. For example, if you are found to be 30% at fault, your award will be reduced by 30%.
- Modified Comparative Negligence: In some states, there is a threshold beyond which you cannot pursue a claim. For instance, if you are found to be 51% or more at fault for the accident, you may not be eligible to recover damages. However, if your fault is 50% or less, you can still pursue a claim.
Why Comparative Negligence Matters in Truck Accidents
Truck accidents often involve various factors and parties, making it essential to consider the potential for shared fault:
1. Complex Situations: Truck accidents can result from a combination of factors, including the actions of both the truck driver and other motorists. For instance, a truck may collide with another vehicle due to a sudden lane change by the car driver.
2. Multiple Parties: There may be multiple parties involved in a truck accident, including the truck driver, the trucking company, and other motorists. Each party’s actions may contribute to the accident to varying degrees.
3. Varying Degrees of Negligence: Comparative negligence allows for a fair assessment of each party’s level of fault. This means that even if you bear some responsibility, you can still seek compensation for the portion of the accident caused by others.
4. Protecting Your Rights: Comparative negligence ensures that individuals who may have contributed to an accident are not completely denied the opportunity to recover damages. It promotes fairness in the legal system.
Consulting a Truck Accident Lawyer
If you believe you may have shared fault in a truck accident, it’s essential to consult with an experienced truck accident lawyer. They can assess your case, gather evidence, and negotiate on your behalf with insurance companies. Your attorney will work to ensure that your level of fault is accurately determined and that you receive fair compensation for your injuries and damages.
In conclusion, the legal principle of comparative negligence acknowledges that accidents are rarely black and white, and multiple parties may share fault. If you were partially at fault in a truck accident, consult with a skilled attorney to explore your options for pursuing a claim. Your right to compensation may still be upheld, depending on the circumstances and the laws of your jurisdiction.
Call Attorney Mike!
If you or a loved one has been involved in a truck accident, it’s important to have an experienced advocate on your side. Truck accident cases can be complex, so it’s important to work with a truck accident lawyer who can help you navigate the legal process and fight for the compensation you deserve. Mike Christensen has a team of experienced truck accident lawyers in Columbus, OH. Contact us for a free consultation. We’ll help you understand your rights and options so that you can make the best decision for your situation.
