How Comparative Negligence Affects Truck Accident Settlements?
Posted on: January 31, 2025
Determining fault in a truck accident is rarely straightforward, especially when multiple parties share responsibility. When the New Jersey comparative negligence rule applies, things can get even trickier. It is a legal principle that plays a key role in calculating damages in personal injury cases like truck accidents.
What Is Comparative Negligence?
Comparative negligence is a system used to assign fault among all parties involved in an accident. It acknowledges that more than one party may contribute to the cause of an incident. In states that follow comparative negligence rules, the amount of compensation a plaintiff may recover is reduced by their percentage of fault. The amount of fault gets determined on a case by case basis.
Here is an example: If a you are found to be 20% at fault for a truck accident and the total damages are $100,000, you may only recover $80,000. Comparative negligence laws vary by state; New Jersey does not allow recovery if a plaintiff is more than 50 or 51% at fault.
How Does Comparative Negligence Impact Truck Accident Claims?
Truck accidents often involve significant damage, and liability can be shared by multiple parties, including the truck driver, the trucking company, or a third-party maintenance provider. Comparative negligence can influence how settlements are calculated by reducing the plaintiff’s compensation based on their degree of fault.
For example, a driver who was speeding at the time of a collision with a truck may bear partial responsibility for the accident. If the court determines that the driver’s actions contributed to the crash, their settlement could be proportionally reduced. This means that plaintiffs and their legal representatives must present strong evidence to minimize the degree of fault assigned to them.
What Factors Are Considered When Assigning Fault?
Assigning fault in a truck accident involves evaluating a range of factors, including the actions of the drivers involved and the circumstances leading up to the collision. Evidence like police reports, witness statements, traffic camera footage, and the truck’s electronic logging device data may be reviewed.
Driver behavior is often a critical element. Distracted driving, speeding, or failure to obey traffic signals can impact how fault is assigned. Truck drivers and trucking companies may be held liable for issues such as driving while fatigued, improper loading of cargo, or failure to maintain the vehicle.
What Steps Can I Take to Strengthen My Case?
Plaintiffs can take several actions to strengthen their truck accident claims and minimize the impact of comparative negligence. Gathering detailed evidence is a key step, as this can provide a clear picture of the events leading to the accident.
Photographs of the scene, statements from witnesses, and records of medical treatment can all support the claim. Be sure and follow your healthcare provider’s instructions carefully. When patients do not follow their care plans, the defendant’s lawyers might infer that the injuries were not that serious.
It is also important to document any communication with insurance companies or other involved parties. Trucking companies and their insurers often have legal teams working to shift blame, so plaintiffs must be prepared to counter these efforts with strong evidence.
The Knowledgeable Toms River Truck Accident Lawyers at Ellis Law Offer Assistance in Dealing with Comparative Negligence Cases
Truck accidents often involve complicated liability issues, and comparative negligence can make the claims process even more challenging. Let the Toms River truck accident lawyers at Ellis Law answer any questions that you may have in order to get the compensation you deserve. Schedule a free initial consultation by calling our Freehold, New Jersey, office at 732-308-0200 or submit our online form. We proudly serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.