What If I’m Partially At Fault In a Truck Accident?
February 28, 2019 | Truck Accidents
When you are partially at fault in a truck accident, the amount of responsibility you had in the crash, your state’s fault laws, and many other elements are taken into account when determining if you are eligible to recover damages. If you are partially at fault in a truck accident, a lawyer can assess your case’s strengths and weaknesses and create a personalized plan to recover compensation for your injuries and financial damages from a truck accident.
How is Fault Determined In a Truck Accident?
Fault isn’t always evident in a truck accident. In some accidents, one driver is solely at fault, while in others, multiple drivers might be at fault in the crash. To ensure that the outcome of your truck accident case is fair, it’s essential to file a police report and get checked out by a physician. Obtaining copies of the police report and your medical report can be powerful when proving fault for an accident, as can witness accounts of the crash. Witness accounts are unbiased pieces of evidence that preserve details of what happened in the accident. Your lawyer can use this valuable information to determine if you are eligible to recover damages from the crash, and if so, what options are available to your case.
Can Both Parties Recover Damages From a Truck Accident?
If two drivers are at fault in a truck accident, both could be eligible to recover damages from the crash depending on their state’s fault laws. In most at-fault states in the U.S., at least one party can recover compensation for an accident, but in some states that follow the negligence law of ‘pure comparative fault,’ both parties can recover damages. The settlement that can be recovered for an accident that both drivers are partially at fault in is based on the amount of responsibility that each driver had in the crash. For example, if the total amount of damages in an accident are $100,000, one driver is 30% at fault for the crash and the other driver is 70% responsible for the accident, the driver that is 30% at fault can recover $70,000, while the remaining $30,000 would go to the other driver.
What Damages Can I Claim If I’m Partially At Fault In a Truck Accident?
If you are partially at fault in a truck accident there are a number of damages that you can claim. Some of the more common types of damages that are claimed when two parties are partially at fault in a truck accident include:
- Property damage from the accident
- Medical expenses caused by the crash
- Lost wages that stemmed from the accident
- Mental, emotional, and physical distress that accompanies injuries from the crash
- Loss of affection that was caused in the accident
While there are various types of damages that can be recovered for a truck accident, it’s crucial to have an experienced truck accident lawyer by your side when doing so. Your lawyer can provide legal guidance for your case, protect your rights, and ensure that your claim produces the best results possible. If you are interested in recovering a higher settlement for your claim, you need a lawyer. Negotiating with the truck driver’s insurance company requires legal knowledge and tactics to reach the highest possible settlement from the other party. A lawyer has your case’s best interests at heart, access to a plethora of resources that can benefit your case, and the drive to push against the at-fault party’s insurance company to recover the most compensation for your case.
Consult a Lawyer About Your Truck Accident Case Today
If you are in a truck accident, it can be easy to get overwhelmed by everything that needs to be taken care of. The best advice for getting the results you desire for your case is to gather as much evidence as possible and consult an experienced lawyer about your case. Your lawyer will use your case’s information to help you write a demand letter, file a compelling insurance claim, and negotiate for the most damages for your case. If you are partially at fault in a truck accident and need a lawyer, contact the Dixon Injury Firm today to discuss your case.