Yes, individuals can be partially at fault for a truck crash. These accidents are complex incidents that can involve multiple contributing factors and parties. Your state laws will determine if you can share fault for the crash and if you can still recover compensation.
At Zanes Law, we understand that it can be difficult to navigate the legal aftermath of a traffic accident. Our legal team can handle all aspects of your case, from A to Z, so that you can focus on healing. Contact our Phoenix truck accident lawyers today to schedule a free case evaluation.
A state’s negligence laws play a crucial role in determining whether you can be partially at fault for an accident. A local personal injury lawyer will explain in detail how relevant state laws influence your case.
Most states follow the principle of comparative negligence, which assesses the degree of fault attributed to each party involved in the accident. Even if a person contributed to the accident, they may still be eligible for compensation based on the percentage of responsibility assigned to the other parties.
States may use different models of comparative negligence, such as pure comparative negligence (including Arizona, California, and New Mexico) or modified comparative negligence (such as Nevada, Utah, and Colorado), influencing how damages are awarded.
Under contributory negligence, if an individual is found to have contributed in any way to the occurrence of an accident, they may be barred from recovering any compensation. States that follow this system include Alabama, Virginia, and North Carolina.
This doctrine can be quite strict, as it doesn’t allow for proportional assignment of fault; instead, it operates on an all-or-nothing basis. Jurisdictions that follow contributory negligence place a significant burden on individuals to prove they bear no responsibility for the accident.
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Receiving damages when you are partially responsible for an accident depends on the negligence laws in your state. Your truck accident attorney will evaluate all available options for compensation and help you secure the highest amount.
In states that adhere to comparative negligence, you may still be eligible for compensation even if you played a role in the accident.
Under pure comparative negligence, individuals can pursue compensation regardless of the extent of their responsibility (as long as it is under 100%). The court assesses the percentage of fault assigned to each party, and damages are awarded accordingly.
For example, if the total amount was $200,000 and you were 20% at fault for the truck collision, you could recover 80% of the initial sum. Therefore, you would be left with $160,000.
Recovering damages under modified comparative negligence laws introduces a nuanced approach for victims partially at fault for the incident. In states following modified comparative negligence, individuals can pursue compensation as long as their level of responsibility for the accident falls below a certain threshold, often set at 50% or 51%.
In jurisdictions following contributory negligence, the situation is more strict, and being even minimally at fault might bar you from obtaining any compensation. If you are found to have contributed in any way, even minimally, to the occurrence of the accident, you may be entirely barred from recovering any compensation.
This all-or-nothing approach places a significant burden on individuals to prove their innocence entirely. Contributory negligence can be particularly harsh, as it does not allow for a proportional assignment of fault.
Establishing fault after a truck accident can be challenging without professional legal guidance. One major challenge lies in the involvement of multiple parties, including the truck driver, trucking company, and potentially other drivers on the road. Disputes often arise regarding the allocation of responsibility among these entities, making it difficult to establish a clear line of fault.
Other potential problems in determining partial fault after a truck accident include:
Furthermore, the subjective nature of certain factors, such as driver behavior and adherence to safety regulations, introduces further challenges in objectively assigning responsibility.
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The intricacies of truck accident cases, coupled with the legal complexities surrounding partial fault, require a legal professional’s knowledge to protect your rights. A skilled truck accident lawyer brings a comprehensive understanding of both traffic laws and the specific regulations governing the trucking industry.
Furthermore, your attorney can skillfully negotiate with insurance companies, advocating for fair settlements that take into account the nuanced circumstances of the accident. By having a truck accident lawyer by your side, you increase your chances of filing a winning claim.
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If you are partially at fault for a truck accident, our legal team can provide compassionate guidance throughout the legal proceedings. Zane Law is dedicated to building a winning strategy tailored to your specific case.
With skillful negotiation tactics, our truck accident lawyers aim to secure fair settlements with insurance companies, minimizing your liability. Time is of the essence, so contact us today to ensure you have a strong legal ally by your side.
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