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Considering how much damage a tractor-trailer can cause to a passenger car in a collision, you might assume truck drivers are always liable for the accidents they are involved in. However, in ensuing civil claims, victims of truck accidents face the same burden of proof as other accident victims—e.g., a requirement to prove through a preponderance of available evidence that another person’s negligence was the primary and direct cause of their injury.
You may also need to prove that you were not at fault for causing the truck accident through your own reckless or careless actions behind the wheel, or you may be assigned a percentage of fault for your losses. As a qualified attorney can further explain, contributory negligence in Philadelphia truck accidents can be a significant obstacle to receiving fair compensation, and it can sometimes result in plaintiffs recovering no compensation at all. Our team at Lowenthal & Abrams, PC, can help you stand up for your rights and fight accusations of fault.
What Does State Law Say About Contributory Fault?
Each state takes a different approach to contributory negligence. Some prohibit any recovery by the injured person found to be at fault for their own injuries, and some allow plaintiffs to recover at least partial compensation, even if they are 99 percent at fault. The Commonwealth is among the majority of states that adhere to a modified comparative fault system, which combines elements of the two approaches mentioned above.
Under 42 Pennsylvania Consolidated Statutes § 7102, anyone assigned a percentage of contributory fault for a truck crash in Philadelphia will have the value of any damage award they receive reduced by that same percentage to a maximum of 50 percent. However, if you are found to be more than 50 percent at fault for your own injuries, you will be barred from recovering any compensation for losses caused by those injuries, even if someone else was partly liable.
How Comparative Fault Can Play Into Truck Crash Claims
The many ways a commercial truck driver can be negligent while driving are the same ways a passenger car driver can be negligent. For example, commercial and private drivers can break state law by:
- Speeding
- Running a red light
- Driving drunk
- Driving while distracted
Even less overtly illegal acts, such as staying in a trucker’s blind spots for an unreasonably long time, may be viewed as a form of contributory negligence leading to a Philadelphia truck wreck.
When deciding how much compensation you should receive for your injuries, it is not necessarily important whether you were responsible in every possible way, but whether you did anything irresponsible that meaningfully contributed to your injuries. Structuring your lawsuit or settlement demand with this in mind to maximize your available restitution is just one of many ways a seasoned legal professional can assist you during the legal process.
Learn More About Contributory Negligence in Truck Accidents From a Philadelphia Attorney
Being accused of contributory negligence after a Philadelphia truck accident can be immensely upsetting, especially if you are dealing with serious injuries and losses as a result. Nevertheless, it is vital you understand how state law approaches contributory fault and how to proactively fight allegations made against you.
A truck accident lawyer from Lowenthal & Abrams, PC, can guide you around this legal obstacle and help you achieve the best case resolution possible. Call today for a free consultation.
