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Can I seek compensation even if the truck accident was partially my fault?

Can I seek compensation even if the truck accident was partially my fault

You may still be able to seek compensation for a truck accident even if you were partially at fault. The legal concept that addresses this situation is known as "comparative negligence" or "contributory negligence," depending on the state where the accident occurred. These legal principles allow for a fair distribution of responsibility for the accident between multiple parties involved.

 

What Are the Different Types of Comparative Negligence?

There are two main types of comparative negligence:

Pure comparative negligence. In jurisdictions that follow pure comparative negligence, you can seek compensation for your injuries and losses even if you were 99% at fault for the accident. However, the amount of compensation you receive will be reduced by your percentage of fault. For example, if you were found to be 30% at fault, you would receive 70% of the total compensation amount.

Modified comparative negligence. Some jurisdictions follow a modified comparative negligence rule, which has a threshold limit. If your percentage of fault exceeds this threshold (often 50% or 51%), you will be barred from seeking any compensation. If your percentage of fault falls below the threshold, you can still pursue compensation, but it will be reduced proportionally based on your degree of responsibility for the accident.

 

Can An Attorney Help Me Determine Fault?

It's important to note that the specific rules of comparative negligence can vary significantly depending on the state or country where the accident occurred. Some states follow pure comparative negligence, while others adhere to modified comparative negligence or contributory negligence, which completely bars recovery if the injured party is found to have any degree of fault.

To navigate an auto accident claim where you share some responsibility, it's crucial to seek legal advice from an experienced drunk driving accident lawyer. They can help you understand the laws and regulations in your jurisdiction, assess the extent of your fault, and build a strong case to maximize the compensation you may be entitled to. They will work to protect your rights and negotiate with insurance companies to ensure you receive a fair settlement for your injuries and losses, even if you bear partial responsibility for the accident.

 

Contact Us Today

If you've been injured in a commercial vehicle accident, don't settle for less than you deserve. Schedule a free consultation with a truck accident lawyer at MVP Accident Attorneys to discuss your case and explore your legal options. Our dedicated team will fight tirelessly to protect your rights and ensure you obtain the compensation you deserve for all accident-related damages. Contact us today to learn more.

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Brett Sachs
Founder

Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.

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