What if I am partially at fault for my truck accident?
Auto accidents are stressful no matter the situation, but even more so if a commercial truck is involved. In addition to causing extensive damage, truck accidents are also more complex. When determining fault in a truck accident, it’s not always as cut and dry as you might think.
Even if you believe you were partially at fault for a truck accident, you may still be entitled to compensation. Working with an experienced truck accident lawyer can help determine all of the possible causes of the accident and your best path forward.
What do I do after the truck accident?
Your first priority after a truck accident is to check yourself and your passengers for injuries. Once you and everyone involved in the accident are safe, call the police and file an accident report. You’ll also need to exchange contact and insurance information with the other driver.
It’s crucial that you avoid discussing who was at fault when speaking with the other driver, emergency responders, or other witnesses to the accident. You only know what your role was in the accident; it’s possible that there were other contributing factors that you were unaware of at the time of the accident.
Seek advice from an experienced truck accident lawyer who will work to protect your rights and interests as you move forward with the claims process. They’ll ensure that you’re not assigned a higher amount of fault in the accident than is actually the case.
Fault vs. No-Fault States
Every state handles auto accidents and insurance claims differently when it comes to determining fault. It’s important to know which system applies in your truck accident as this can affect the claims process and compensation.
In no-fault states, each party involved in the truck accident files a claim with their own insurance policies regardless of who was at fault for the accident.
In states that follow fault systems, including Louisiana, the court will attempt to identify who was legally at fault for the accident and will hold that party accountable.
Per Louisiana law Civil Code 2323, pure comparative negligence laws govern personal injury cases including truck accidents. Pure comparative negligence means that each person involved in the accident will be assigned their percentage of fault for causing the wreck.
However, even if the plaintiff was partially responsible for the accident, they could still recover damages that would be reduced by their percentage of fault.
For example, a driver fails to signal and gets hit by a truck driver that was speeding. The court awards the plaintiff $100,000 in damages but finds that they were 30 percent at-fault for the accident.
Under the pure comparative negligence doctrine, the plaintiff’s award would be reduced by their percentage of fault (30%) and would thus be entitled to $70,000 in damages.
Our skilled Lake Charles truck accident lawyers will be able to help you navigate liability systems and negligence laws to help you obtain the highest possible compensation.
Determining Fault in a Truck Accident
When you work with an experienced truck accident lawyer, they’ll be able to fully investigate the cause of the accident. Even if you were partially at fault, there may be evidence that the other driver or another factor was also partially at fault for the accident.
The Louisiana personal injury attorneys at The Johnson Firm are no strangers to conducting full investigations of truck accidents to identify all of the possible causes.
An investigation can include:
- Obtaining and analyzing a copy of the police report
- Working with an accident reconstruction specialist
- Examining the results of the drug and alcohol tests of the truck driver
- Interviewing witnesses
- Searching for video evidence, if it exists
- Obtaining black box data from the truck
- Requesting and analyzing maintenance, inspection, and trip reports from the trucking company
Other possible causes of the truck accident can include operator fatigue, an unqualified truck driver, negligent maintenance, or a violation of Federal Motor Carrier Safety Administration regulations.
Whatever it is, our legal team will work to uncover any other factors that could have also contributed to the accident.
Work with the Lake Charles Truck Accident Lawyers at The Johnson Firm
Do you need help determining fault in a truck accident? Regardless of the circumstances, contact the personal injury attorneys at The Johnson Firm. Our Lake Charles truck accident lawyers can help you determine what claims should be filed and maximize your chance of compensation by fully investigating the cause of the accident.
By assessing all of the circumstances of your accident, we can determine what damages you may be entitled to and fight for your interests throughout the claims process. Give us a call at (337) 433-1414 to schedule acase evaluation.