Truck crashes are devastating events that can lead to serious consequences for affected victims. Statistics tell us that there will be more than half a million truck accidents this year in the United States. As a result of these accidents, more than 100,000 victims will suffer injuries, with many of the injuries being severe. Victims who are hurt in a truck crash may experience broken bones, traumatic brain injuries, neck and spinal cord trauma, soft tissue damage, scarring, and even loss of life. The injuries caused by a truck crash can linger for many months and years after the accident, requiring long-term medical treatment and resulting in major physical, financial, and emotional pain.
Immediately following a truck accident, victims frequently have questions concerning their legal rights. The first question often concerns legal liability for the crash itself. In other words, who should be held legally responsible for the accident? The answer to this question depends on analyzing the circumstances leading up to the crash and the role played by the various individuals involved. Each state in the United States has a system of laws designed to measure fault in traffic accidents. The large majority of states have adopted a system known as comparative negligence. Here, we will examine the principles of comparative negligence and explain how it applies across various states.
The law is complicated and its application should be left to a knowledgeable attorney. Here at Burg Simpson, our team of national truck accident attorneys can help when you or a family member have been injured in an accident. Give us a call today to see how we can help.
In the United States, comparative negligence is a system of rules designed to determine how fault is allocated following a truck crash or other traffic accident. The comparative negligence rules assign fault for a crash based on percentages. For instance, if two people are equally at fault for an accident, then each party would be considered 50% liable under a comparative negligence system. Any other proportion or ratio of fault can be assigned depending on the circumstances of the case. The defendant in a truck crash case may then be held responsible based on their relative fault percentage.
With states that follow a system of comparative negligence, two different models are most often utilized. The first model is known as pure comparative negligence. Under a system of pure comparative negligence, a plaintiff’s recovery is reduced by a percentage of their fault. For instance, suppose a victim was involved in a truck accident and suffered $100,000 of damages. Later, it is determined that the victim was 20% at fault for the accident. In a state that follows a system of comparative negligence, the victim’s overall recovery would be reduced by 20% or $20,000. As a result, the victim would be entitled to recover $80,000.00 of damages. In a pure comparative negligence state, even a victim who was 99% at fault could still hypothetically recover 1% of their total damages.
A second comparative negligence model is known as modified comparative negligence. A modified comparative negligence state still follows the basic principles of comparative negligence, however, there is a percentage cap for recovery. In some states, a victim is entitled to no recovery if they are 51% at fault while in other states the victim cannot recover if they are 50% at fault.
A total of 33 states have pure comparative negligence laws while 39 follow the modified comparative negligence scheme. One state, South Dakota, follows a unique version of comparative negligence called “slight gross comparative negligence.” Under slight gross comparative negligence, a plaintiff may recover if their level of negligence was merely “slight” while the defendant displayed “gross negligence” leading to the accident.
Often in a truck accident case, there will be multiple defendants, including the truck driver, their employer, and possibly a mechanic or other third party that worked on the truck prior to the accident. Plaintiffs can sue multiple defendants and can seek recovery from any one of them or all of them.
Joint and several liability rules apply in every state. Under joint and several liability, a single defendant can be held fully responsible for the negligence of all other parties. For instance, if there are two defendants and both are found liable under principles of comparative negligence, then either defendant may be 100% responsible for paying the damages of the plaintiff.
As an example, assume that a truck driver causes a collision leading to $200,000 worth of damages. Both the driver and his trucking company are named as defendants in the subsequent lawsuit. The case goes to trial and the truck driver and his company are each found 50% liable for the crash. Both the driver, as well as the trucking company may be on the hook for the full 50% of their share.
If you or a loved one were injured in a truck crash, you need an attorney who is ready to be aggressive on your behalf. These crashes often result in devastating and long-lasting injuries, leaving victims in need of serious compensation. Our attorneys will ensure that your rights are protected and that the negligent party pays you for all of your damages. The laws of your individual state will help to determine how your case is evaluated. Negligence laws are complicated and these cases should only be handled by a skilled and experienced attorney. Before you speak with an insurance adjuster or other third party, give us a call to see how we can be of assistance. We would be honored to assist you as you move forward during this extremely difficult time in your life.
Our firm is standing by now to speak with you. We provide free consultations and case evaluations for all potential and prospective clients. There are no legal fees unless we win your case. To schedule your appointment to speak with a nationwide truck accident lawyer, please contact us using our online intake form or give us a call at (866) 695-2112.
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