Commercial truck accidents can happen to anyone at any time. And when they occur, victims may want to seek compensation for damages. This is especially true if the accident was someone else’s fault.
But what if you’re partially responsible for the accident? Can you still claim monetary settlement for injuries sustained in the crash? This is where comparative negligence law can come into play.
Comparative negligence dictates that an accident victim could still recover damages when they are partially responsible for the collision.
Comparative negligence law is different in each state. In some states, you don’t get compensation if you’re responsible for even one percent of the collision—that is called contributory negligence.
However, in Pennsylvania, comparative negligence says plaintiffs can be compensated even when they’re partially at fault. With that said, let’s get a more detailed explanation of how comparative negligence in PA truck accidents works.
Post Contents
- 1 What Is Pennsylvania’s Comparative Negligence Law?
- 2 How Does Comparative Negligence Apply to Trucking Accidents in PA?
- 3 Why Understanding Comparative Negligence in PA Matters?
- 4 How an Attorney Can Help Navigate Comparative Negligence in PA Truck Accidents
- 5 Conclusion: Comparative Negligence in PA Understood
What Is Pennsylvania’s Comparative Negligence Law?
To summarize, comparative negligence is a legal policy that determines the distribution of fault or liability among multiple parties involved in an accident.
While Pennsylvania’s comparative negligence rule lets injured persons partially at fault receive a settlement, there are limitations.
You must be 50 percent or less at fault to pursue personal injury claims. This means you can’t receive compensation if your percentage of fault exceeds 50 percent.
How Does Comparative Negligence Apply to Trucking Accidents in PA?
When a truck accident happens, multiple parties can be involved in the scenario. This could include:
- the truck driver
- trucking company
- vehicles and parts manufacturer
- truck mechanic
- other motorists
- pedestrians
Under comparative negligence policy, a thorough analysis of how each party’s actions contributed to the accident is typically required. After the analysis, it’s often easier to tell the degree of fault each party holds.
For instance, say you’re involved in a crash where the truck driver runs a red light and collides with your car (but you were speeding).
In this scenario, you and the truck driver might share fault. The driver of the truck may have 60 percent fault, while you may be 40 percent responsible because of speeding based on evidence gathered.
Why Understanding Comparative Negligence in PA Matters?
Reasons you should understand this policy include:
1. Fair Distribution of Responsibility
Learning how comparative negligence works can help you understand if you were given a fair distribution of the fault of the accident.
Proper reporting of the causes of the truck collision can help your lawyer and authorities establish liability with fairness. This can lead to fair compensation even when your actions partially led to the collision with a commercial truck.
2. Impact on Compensation
When seeking compensation following a truck accident, plaintiffs generally have one goal: to recover full compensation for economic and non-economic damages.
However, injured parties aware of comparative negligence know that compensation payout can be reduced according to the percentage of fault.
For example, if the plaintiff was 40 percent at fault for the truck accident, the payout could be reduced by 40 percent.
This means if the compensation awarded is $100,000 and the plaintiff’s fault is 40 percent, they get $60,000.
3. Avoid Legal Mistakes
Knowledge of comparative negligence helps you avoid common mistakes when pursuing a personal injury claim. One such mistake to avoid is speaking to insurers without a personal injury lawyer.
Insurers may take advantage of the comparative negligence rule to reduce their liability and offer lower payouts to the injured by making the other party seem more at-fault. Having a trucking accident lawyer in such cases can help maximize your compensation.
Being found at fault for an accident you believe the truck driver should be fully liable for can be disappointing.
And it’s overwhelming to handle the case alone if you lack legal expertise. That’s why finding a lawyer with expertise in trucking accidents is wise. An attorney can guide you through the process by providing legal guidance.
They can also:
- negotiate fair compensation on your behalf while protecting your legal rights after an accident
- collect evidence (ey witness statements, medical reports, and accident reports) to build a stronger personal injury case
- scrutinize the accident to help ensure liability is fairly distributed and advocate for the lowest fault percentage on your behalf
- represent you in court (should your case go to trial)
Conclusion: Comparative Negligence in PA Understood
In truck accidents, multiple parties might be responsible for the crash, including the plaintiff. To determine fault for each one involved, legal professionals use the comparative negligence law.
This policy ensures a fair distribution of liability or responsibility. It also dictates how much compensation the injured receives based on their fair percentage of fault in the crash.
Since comparative negligence can be complex, it’s wise to find a truck accident lawyer to guide you through every step.
