A truck accident can be a traumatic experience that leaves you with injuries and expenses that you would like to seek compensation for. However, you may be wondering if you can still seek compensation if part of the truck accident liability is attributed to you.
New Jersey follows what is known as a modified comparative negligence doctrine that can still allow you to recover especially if you were 50% or less at fault for an accident.
Some states, like New York, follow a pure comparative negligence doctrine, which means a claimant can recover regardless of the percentage of fault attributable to them. While other states follow a pure contributory negligence rule that bars recovery if you were at fault even by 1%.
All states follow one of these models of comparative negligence. If you were in an accident in NJ you can still recover so long as your fault does not exceed 50%.
However, your total recovery will be diminished by the percentage of fault attributable to you. Thus if a claimant’s damages are $100,000 and they were 20% at fault, their damages would be reduced to $80,000.
What Does Being Partially at Fault Mean?
Being partially at fault means that your actions contributed to an accident but are not the sole cause of the accident, for example, if you were speeding.
Essentially, you and the truck driver could have both done things that contributed to the accident. Other parties may also have some liability such as an auto manufacturer, a trucking company, or other motorists if it was a multi-vehicle accident.
When this is the case, normally, a percentage of fault is assigned to each party based on the evidence. This percentage may be determined by insurance companies during the claims process or, if a claim goes to court, by a judge or jury.
Common Scenarios Where You May Be Partially at Fault
There are many scenarios where partial fault may be assigned to a person including:
- Reckless Driving – this can include things such as speeding, distracted driving, driver fatigue, weaving, or running a red light.
- Cutting Off a Truck – cutting off a truck, forcing it to make a sudden maneuver can result in contributory accident liability.
- Failing to yield – if you fail to yield the right of way to a truck and that leads to an accident, you may be partially responsible.
- Failing to Signal – if you fail to signal for a lane change or a turn, and a truck ends up hitting you, you could be held partially liable for the accident.
- Defective Parts – if parts of your vehicle are defective, such as the brakes, the manufacturer and you may be partially liable for an accident especially if you improperly maintained your vehicle.
Navigating Fault Laws: Comparative vs. Contributory Negligence
For accident cases, some states follow a comparative negligence doctrine while others follow the contributory negligence doctrine.
The comparative negligence doctrine allows a party to recover a percentage of their economic damages with the recovery being reduced by the percentage that said party was at fault for the accident.
Pure comparative negligence allows a plaintiff to recover a percentage of their damages even if their percentage of fault is greater than the defendants, while modified comparative negligence law only allows a plaintiff to recover if their percentage of fault was equal to or less than that of the defendants
Pure contributory negligence does not allow a plaintiff to recover at all if they are found to be at fault for their injuries in any way.
Determining Fault: Key Factors and Processes
The Role of Police Reports and Evidence:
A police report can be key to determining fault in truck accident litigation as it provides an unbiased record of the accident investigation including things like road conditions, skid marks, and the officers’ observations of the accident scene.
Other evidence such as surveillance footage, truck black box data, and vehicle maintenance and cargo loading information can be used to show violations of trucking regulations or federal regulations.
The Impact of Witness Testimony:
Witness testimony is crucial in determining fault, providing an unbiased, third-party account of the accident and the events leading up to an accident. It proves to be especially important in a truck accident claim when other evidence turns out to be inconclusive. However, witness testimony has been known to not be the most reliable evidence.
Expert Opinions and Accident Reconstruction:
Expert opinions provide specialized knowledge and analysis which can clarify complex situations when fault is disputed, this is especially true when you need an expert in automotive mechanics or trucking regulations.
A Jersey City Truck accident lawyer most likely has a list of experts. An accident reconstruction provides an objective, scientific analysis of the crash to allow a jury to get a clear understanding of the events pursuant to the accident reports.
Can You Still File a Claim If Partially at Fault?
The ability to recover on a claim if you are partially at fault is dependent on the laws of the state in which the accident occurred and how much at-fault for the accident you were. For example, the New Jersey modified comparative negligence law allows a plaintiff to recover a percentage of the damages if they are 50% or less at fault.
However, in court, the percentage a person is deemed to be at fault is determined by a judge or a jury so there is nothing per se stopping you from filing a claim. It is important to speak to an attorney to get a good idea about your chance of recovery in a case and what amount of compensation you may receive.
Why You Should Avoid Admitting Fault at the Scene
You should never admit fault at the scene of an accident without speaking to legal representation as normal accident protocol, even if you think it is your fault, as anything you say could be used against you by insurance companies in settlement negotiations or in court.
Additionally, you may not have a clear picture of the events after an accident and feel pressured to make a fault determination by the other parties or the authorities.
This is why it is essential to speak to a skilled truck accident attorney before admitting fault as they can help investigate the accident and determine which parties are liable.
Future Steps: Protecting Your Rights
If you are in a truck accident that resulted in injuries or wrongful death, a New Jersey personal injury lawyer may be able to help you, even if you believe it is partially your fault.
An attorney will be able to investigate the accident to determine the liability of each party, protect your rights, deal with the insurance companies during settlement negotiations, and provide legal representation in court if necessary. Contact Omni Injury & Accident Law today at 646-503-0404 today to set up a free consultation.