If you are injured in a truck accident, your legal claim for damages may be subject to comparative fault laws. Every state has different negligence laws regarding shared fault and the limitations of such claims.
Understanding comparative negligence laws in your state can help you determine how to proceed with your damage claim after a trucking accident. At Trantolo & Trantolo our Connecticut truck accident attorneys can help you explore your legal options.
How Comparative Fault Affects Your Trucking Accident Settlement
When you are injured in a truck collision, negligence laws can reduce your settlement value or prevent you from recovering compensation entirely. Many insurance companies reduce settlements by claiming the victim was partly or mostly responsible for the accident.
For instance, they may claim that your negligent driving helped contribute to the crash. These parties may try to say you were speeding, driving aggressively, passing unsafely, or texting while driving, and your actions either made the circumstances worse or are the primary reason the truck driver crashed.
It is important to hire a truck accident lawyer familiar with the negligence laws in your state. A personal injury lawyer with experience handling commercial truck collisions will know how to use these laws to your advantage and counter insurance company attempts to diminish your claim value.
What Is Comparative Fault?
Comparative fault, also called comparative negligence, is a legal approach to personal injury claims that assigns compensation based on a percentage of each party’s fault. For a truck accident, the court or insurance provider reviews the evidence and determines how responsible each party was for the collision.
Modified Comparative Negligence
Modified comparative negligence refers to a negligence rule that allows victims to seek damages even if they are partially at fault, but there are limits to the level of shared fault. Connecticut is based on the 51% rule. CT Gen. Stat. § 52-572h only allows truck accident victims to recover compensation if they are no more than 51% responsible for the collision. Massachusetts also follows this 51% rule.
Victims cannot seek compensation if they are more at fault for the accident than the truck operator, trucking company, or other liable parties combined. Recovery in both states is reduced by the proportion of fault up to the limits established by law.
Pure Comparative Negligence
New York’s negligence laws fall under pure comparative negligence. Injury victims can recover compensation, regardless of their level of fault. The amount you can recover for a trucking accident is higher or lower based on your percentage of shared fault. For instance, if you are 40% responsible for the collision, your damage recovery is reduced by that proportion.
Building a Case Strategy With Comparative Fault in Mind
In general, attorneys aim to maximize recovered damages by minimizing the victim’s shared fault. Law firms seek evidence that helps show the other party’s larger percentage of fault, while showing that you share little to no blame for the truck crash.
To secure compensation, you must also be able to prove that the other party acted negligently and caused the truck crash. Your attorney will gather evidence to establish the following four elements of negligence:
- Duty of care: A lawyer must show that the other party had a duty of care to avoid causing harm. For instance, the truck operator has a duty to drive safely and obey traffic laws.
- Violation of duty: It is important to establish that the other party failed to take reasonable care to avoid causing harm. For example, the truck driver was driving over the speed limit, which violates the duty of care they owe to other road users.
- Causation: Prove that the other party’s violation of the duty of care led to your semi-truck accident. For example, the truck driver lost control and struck your vehicle because they were speeding. If the driver had obeyed the speed limit, they would have been able to prevent the crash.
- Damages: Explain how the accident caused by the other party’s violation of the duty of care caused your injuries and other losses.
Establishing negligence and comparative fault requires quality evidence and skilled legal maneuvering. You benefit from working with a personal injury law firm comfortable with comparative negligence laws, complex negotiations, and trial proceedings.
A Truck Accident Attorney Is Prepared to Deal With Shared Fault Laws
Your settlement or award value in a comparative fault state often depends upon the quality of your evidence. While you recover from your injuries, your lawyer can preserve and compile evidence necessary to prove negligence and establish fault. Such evidence may include:
- Witness statements, photos, and videos of the collision
- Driver’s logs and delivery schedules
- Police reports
- Truck maintenance and repair records
- Truck driver’s license and driving record
- Medical records for your truck accident injuries
Take Steps to Protect Yourself in a Comparative Fault Claim
Although comparative fault laws are designed to ensure fair apportionment of damages after an accident, not all parties engage in the legal process in good faith. Insurance companies sometimes use these laws to diminish the compensation victims need for a full recovery. Take the following steps to protect your legal rights:
- Keep copies of all medical records, receipts, correspondence, and other documents
- Avoid claiming fault when filing an insurance claim or police report
- Avoid posting on social media or discussing your case with anyone but your lawyer
- Hire an attorney as soon as possible to represent your claim
The time to file a claim is limited, so you benefit from speaking with an attorney right away.
Find Out How Comparative Negligence Laws Affect Your Truck Accident Case
The aftermath of a crash with an 18-wheeler is overwhelming, with physical, emotional, and financial challenges you have never faced before. A knowledgeable truck accident lawyer can provide critical guidance and support during this trying time.
Trantolo & Trantolo has been helping injury victims secure fair compensation for more than 85 years, and we have recovered millions on behalf of our clients. We offer free consultations to help you understand your legal rights and options under your state’s comparative negligence laws. Whether you are in Connecticut, Long Island, or Massachusetts, a truck accident lawyer with our firm may be able to help you in your fight for justice.
