Truck accidents can happen because of differentreasons including the negligence of the truck driver, carelessness of other drivers, malfunctioning of the truck parts, the problem with the loading of the cargo, etc. Sometimes the accidents can be a result of the shared fault of both parties involved. Then, such accidents can be considered as comparative negligence cases.
What is Comparative Negligence?
When both parties involved in an accident share the liability for the accident, it is referred to as comparative negligence. Here, a percentage of liability will be assigned for both parties based on their share in causing the accident.
Most people believe that if they are partially responsible for the accident, they cannot claim money. But in California, you will be allowed to recover money for the damages you sustained because of the accident even if you carry 99% of the responsibility for the accident. If you carry 60% responsibility for the accident, then you will be entitled to get 40% of the total claim amount.
Comparative Negligence in Truck Accident Cases
In truck accident cases, injuries for other parties involved can be quiet severe when compared to the truck driver’s injuries. Hence, people might think that the truck drivers will have to pay for the entire amount that the other parties claim. But this belief is wrong, as the truck drivers will have to pay the amount for the percentage of fault they carry. If the other parties involved in the accident are wholly responsible for the accident, then the truck drivers or the trucking company is not responsible to give compensation for the accident.
Consider a situation when a car crashes into a truck. If the truck driver was not violating any rules and was following the traffic safety guidelines strictly, then the car driver might be at fault for the accident. If the car driver was drunk and lost control of the car, then he violated the traffic rules. In this case, even if the car driver is severely injured, he may not be able to get any compensation from the truck driver, as he carries the complete responsibility of the accident.
In some other cases, the car driver as well as the truck driver can carry the responsibility of the accident. For instance, if the truck driver was using a phone and the car driver was taking a wrong turn when the accident happened, then both parties share the fault. In this case, the truck driver or the trucking company will have to pay for the damages incurred to the car driver based on the percentage of fault they carry.