Car Accidents and Shared Blame: How Is Negligence Calculated?
When a truck accident happens, it can be difficult to recall the events that led up to the crash or to know which driver is to blame for the wreck. In some cases, more than one driver may be responsible and acted negligently. If you are involved in a court case where there is a question of negligence, understanding how judges and juries calculate blame may help you feel more confident about the outcome.
Shared Blame Defined
Shared blame is usually examined under the law of comparative fault when more than one person was responsible for the events that caused a serious truck wreck. For example, if you were texting when a light turned green and failed to notice and a person rear-ended your truck because they assumed you would move forward, you and the other driver may share equal blame for the wreck. In most cases, courts consider several factors when calculating blame, including:
- Both drivers’ actions before the accident
- The position of the vehicles before the accident
- The speed at which both vehicles were traveling
Each of these factors can affect the percentage of blame you are assigned in a case, as well as how much compensation you are entitled to.
The Law of Contributory Fault
A few states have contributory fault laws, which prevent you from collecting any compensation if you are found to be at all at fault for a truck accident. These states consider you responsible for any injuries you obtained and filing a lawsuit against any other drivers involved in the accident will not be permitted.
In states where shared blame is calculated for a court case, the degree of your own negligence can have a serious impact on your lawsuit. In most cases, if you are found to share 50% or more of the blame for the accident, you will probably not be able to collect any compensation for injuries or property damage. If the other driver is found to be more responsible, then he or she may have to pay for your medical bills and other expenses related to the accident.
Recounting the Accident
When you speak to a lawyer about the accident, it is important that you think well about your actions directly before the impact. If you cannot be sure about certain details, you can refer to police reports and witness statements to confirm what you recall.
When a truck accident occurs and shared blame is involved, it can be difficult to know how to proceed, but you do not have to face the future alone. Contact a truck accident lawyer lawyer such as Yearin Law Office today for further guidance and assistance.