If you were involved in a truck crash and were partly at fault, you might wonder if you can still receive compensation. This is a common concern, but the good news is that you can still obtain compensation if you are partly responsible for the crash.
Accidents occur, and sometimes both drivers are to blame in some manner. Perhaps you weren’t stopping in time or were speeding, but the truck driver was also doing something wrong, like not signaling or following too closely. The key is understanding liability (or responsibility) in these circumstances.
Most states within the United States have “comparative negligence” laws. These laws allow you to be compensated even if you are partially at fault in a truck accident. The amount you can receive is determined by how much fault is attributed to you.
So if the court finds you 20% to blame for the crash, you may receive 80% of the compensation. Note that each state has different rules regarding how much you can receive based on your fault in the accident.
How Does Comparative Negligence Work?
In states with comparative negligence laws, a judge or insurance company will determine who is at fault for the accident. Suppose the truck driver was speeding, and you did an illegal U-turn. If you are both partially responsible, the court will split the responsibility between you. For example, if the truck driver is 60% at fault and you are 40% at fault, you would receive 60% compensation for your damages.
However, there are other states that do not allow compensation at all if you are found even 1% negligent. That’s why knowing your state’s rules matters.
What If the Truck Driver Is Mostly at Fault?
Even if you were partly responsible, you can still obtain compensation if the truck driver caused the majority of the wreck. For instance, if the truck driver violated traffic laws or drove recklessly, their insurance may pay for most of your damages. In this particular situation, your percentage of fault might reduce the amount you receive, but you still stand a chance at full compensation.
If you are in this situation, speak to a truck accident lawyer. They can prove the truck driver was mostly at fault and protect your rights. They’ll also ensure the insurance companies do not take advantage of you, even if you are partly responsible.
What Damages Can You Be Compensated For?
If you receive compensation following a truck accident, you can typically get damages for things like:
- Medical bills: Including hospital stays, doctor appointments, surgeries, and future medical care.
- Lost wages: If you missed work because of the accident, you can request compensation for lost income.
- Pain and suffering: If the accident caused you emotional or physical discomfort, you might be compensated for that.
- Vehicle damage: If your vehicle was damaged in the accident, you can receive coverage to fix or replace it.
- Other costs: This might include traveling to doctor appointments, rehabilitation, and therapy.
Final Thoughts
Even if you are partly at fault in a truck crash, you need a lawyer. Lawyers can help you collect evidence, speak to insurance companies, and negotiate on your behalf for the maximum amount possible. They can also explain how your fault impacts the amount of money you receive and work to ensure you don’t miss out on the compensation you deserve.
To sum up, being partly responsible for a truck crash does not mean you have to give up on pursuing compensation. Your fault will impact how much you receive, but you won’t be left empty-handed. Know your state’s laws and consult a lawyer to get what you deserve.
