What If I am Partly to Blame for the Truck Accident?
Can I Still Receive Compensation if I’m Partially At Fault for a Truck Crash?
If you’ve been involved in a truck accident in Pennsylvania, you may be wondering what your legal options are. One important question that may be on your mind is whether you can still pursue a personal injury claim if you are partly to blame for the accident.
The answer is yes, you can still pursue a claim even if you are found to be partly at fault for the accident. If you have been involved in a truck accident in Pennsylvania and you are partly to blame, it does not mean you cannot pursue a claim. But it is important to speak with an experienced truck accident lawyer at Munley Law to learn what your options are and what compensation you could receive.
What is Comparative and Contributory Negligence?
Depending on the state you live in, your truck accident claim may fall under one of three types of negligence: Modified comparative negligence, pure comparative negligence, and contributory negligence.
- Modified comparative negligence: You can recover damages even if you are partly responsible for the crash so long as you are less than 51 percent at fault. For example, if a jury determines that you are 20 percent at fault for the accident and the truck driver is 80 percent at fault, any damages awarded to you will be reduced by 20 percent. So if you were awarded $100,000 in damages, you would only receive $80,000.
- Pure comparative negligence: The pure comparative negligence rule allows an injured party to recover damages even if they are assigned 99 percent fault for the accident. In other words, the victim can recover 1 percent of the damages assessed from the liable parties even though his percentage of fault is much greater than the other party.
- Contributory negligence: Under this theory, an injured person cannot recover any compensation if they are at fault in the crash in any percentage. For example, if the fault determined by the court of one driver is 1 percent, then that driver cannot recover any damages for their losses in the crash. This is true even though the other driver is 99 percent at fault.
Pennsylvania lies in the middle in its comparative fault laws, following the doctrine of modified comparative fault. A victim in a car accident with a truck can seek damages even if they are partially responsible for the accident so long as their percentage of fault is less than 51 percent.
How Can a Lawyer Help After a Truck Crash?
The trucking industry and insurance companies often try to shift the blame onto the injury victim to prevent paying the maximum amount of what the claim is worth. But even if you were partially to blame for the truck accident, you should still be able to collect some type of compensation. That’s why it’s important to have a truck accident lawyer from Munley Law on your side. Call us today for a free, no-obligation consultation.
If you’ve been involved in a truck accident in Pennsylvania, it’s important to understand your legal rights and options. An experienced truck accident attorney can help you prove who is at fault, navigate the legal process, and obtain compensation.
Once you hire our truck accident lawyers, we can help you in the following ways:
- Explain your legal rights. A personal injury lawyer can help you understand your rights and the legal process following an accident. They can explain the different types of damages that you may be entitled to recover. They can also advise you on the statute of limitations and the deadlines you need to be aware of.
- Gather evidence. A lawyer can also help you gather evidence to assign fault to the other driver, or other drivers, such as witness statements, photographs, and driver logs and records. An experienced lawyer will use their legal experience, their knowledge of the law, and their expertise to investigate the accident scene on your behalf. And they will build a strong case for you, even if you are partly at fault for the accident.
- Handle the insurance company and negotiate a settlement. Your lawyer can also help you deal with the other driver’s insurance company and negotiate a settlement. A lawyer can help you fight against insurance adjusters, and make sure that your settlement is fair and covers all your losses.
- Fight for your rights in court. If your case goes to trial, a truck crash lawyer can help you navigate the courtroom and fight for your rights. They will use their experience and knowledge to build a strong case, make compelling arguments, determine fault, and help you to get the best possible outcome after your accident.
An experienced personal injury lawyer can be a vital resource for victims of truck accidents in Pennsylvania. They can help you understand your rights and the legal process, gather evidence and build a strong case, negotiate a settlement with the insurance company, and advocate for your rights in court if necessary.
Most Common Causes of Truck Accidents in Pennsylvania
Truck accidents are a serious problem in Pennsylvania and can have devastating consequences for those involved. According to the latest data from the Pennsylvania Department of Transportation, accidents involving commercial vehicles had increased dramatically over the past year, from 6,344 accidents in 2020 to 7,244 truck crashes in 2021. These accidents are often caused by a combination of factors, but there are some common causes that are seen in most accidents.
- Driver fatigue. One of the most common causes of car accidents with trucks in Pennsylvania is truck driver fatigue. Truck drivers are often on the road for long hours and may not get enough sleep, leading to drowsy driving. This can result in decreased reaction time, poor decision making, and an increased risk of falling asleep at the wheel.
- Distracted driving. Distracted driving is to blame in many truck accidents is distracted driving. Truck drivers may become distracted by their phones, GPS devices, or other electronic devices while driving. They may also become distracted by other activities, such as eating or grooming, which can lead to serious accidents.
- Speeding. Speeding is also a common cause of car accidents involving trucks. Truck drivers may be in a hurry to make a delivery or to meet a deadline, and may drive above the posted speed limit. This can result in decreased reaction time and an increased risk of accidents.
- Poor truck maintenance. Negligent truck maintenance is also commonly to blame in truck accidents. A poorly maintained truck can be prone to mechanical failure. This can lead to brake failure, tire blowouts, and other issues that can cause accidents. It is the responsibility of the trucking company to ensure the vehicles are maintained in a safe condition.
- Driver error. Finally, driver error is a common cause of truck accident in Pennsylvania. This includes things like lack of training, intoxication or substance abuse, lack of experience, and improper lane changes.
Truck accidents can cause severe injuries for the injured party and life-changing consequences for their families. In determining fault, it’s important to understand the causes of an accident so victims can claim damages from the negligent party.
What Compensation is Available to a Truck Accident Victim?
If you’ve been involved in a truck accident in Pennsylvania, you may be entitled to recover compensation for your losses. The types of compensation you may pursue after a crash include:
- Medical Bills: This can include costs related to hospital stays, surgeries, rehabilitation, physical therapy, and ongoing medical care.
- Lost Wages: If you are unable to work, you may be able to recover compensation for the income you’ve lost as a result of the accident.
- Property Damage: If your vehicle or other property was damaged in the accident, you may be able to recover compensation for the cost of repairs or replacement.
- Pain and Suffering: This can include compensation for the physical pain and emotional distress caused by the accident.
- Loss of Enjoyment of Life: If you are unable to participate in activities that you previously enjoyed, you may be able to recover compensation for these losses.
- Future Losses: If you are expected to have long-term impacts on your life, you may be able to recover compensation for future losses, such as lost earning potential and future medical expenses.
These types of compensation can be recovered either by negotiating with the insurance company or by filing a lawsuit in court. A truck accident attorney can help you understand your legal options and navigate the process of recovering compensation for your losses.
Contact an Experienced Truck Accident Lawyer Today
At Munley Law, we know you have more important things to worry about than the complex details of your case. While you focus on your recovery from the accident, we will handle the rest.
Our record-setting settlements and jury awards speak for themselves. We use cutting-edge technologies, the most effective litigation and negotiation strategies, and our tireless commitment to doing what’s best for clients. And we win big.
We work on a contingency fee basis, meaning we don’t charge by the hour and we will never send you a bill while we are fighting your case. Instead, we will pay all of the costs of fighting your case out of our own pocket.
After you approve a settlement offer or a jury awards you monetary compensation for your injuries and losses, we subtract these fees from the total amount. And if you don’t win, you will walk away owing us absolutely nothing for your case.
To learn how Munley Law Personal Injury Attorneys can get maximum compensation for you, even if you are partially to blame for your car accident with a truck, schedule your free consultation today.
Share this post:
Posted in Truck Accidents.