If I’m Partially At Fault Can I Still Sue?

By Chris Dixon


Anyone that is injured because of another person’s negligence has the right to file a claim, but whether they are eligible to recover compensation is another matter. An experienced lawyer can determine if you are eligible to claim damages from an accident, and if so, how much compensation your case is worth.

Can More Than One Person Be At Fault in a Truck Accident?

In most truck accidents, more than one party is liable for damages. If you are partially at fault in a truck crash, you could be eligible to recover damages from the other party depending on the circumstances of the crash and your state’s laws. States in the U.S. follow either the at fault or no-fault rule and a few different negligence theories. In at fault states that follow the theory of comparative negligence, if a driver is partially at fault in a truck accident, they are eligible to sue for damages. The amount that each party is eligible to recover under this theory is determined by the responsibility they had in the crash. In states that follow modified comparative negligence, if a driver is 50% or more at fault in an accident, they are ineligible to recover damages whatsoever.

No fault states can be complex when it comes to damages. In no fault states, if you are partially at fault, you can’t sue the other party, but you can file a claim against your own insurance policy to recover damages. If you are partially at fault in a truck accident but don’t have insurance, you’ll have to pay for your damages out-of-pocket. Some states have a threshold rule in place that states that victims must file a claim against their own insurance policy to recover damages, but any amount in excess to the state’s threshold the victim can recover by suing the at fault driver in the accident.

Truck accidents can be emotionally, physically, and financially draining. It’s completely understandable if you are overwhelmed by the thought of filing a claim and dealing with the other party’s insurance company, but hiring an experienced attorney to represent your case can take care of this for you, offer guidance for your case, and provide you with peace of mind during this difficult time.

How is Fault in a Truck Accident Determined?

17 percent of the fatalities in truck accidents in 2013 were truck drivers, while the remaining victims were passenger vehicle occupants and non-occupants. Fault can be difficult to determine in a truck accident, but proof such as photos, police reports, and medical reports, can be powerful. If you are partially at fault in an accident, it’s essential to gather evidence, call the police, document injuries, and consult your lawyer right away. The sooner that you take action after a crash, the better preserved details from the crash will be. If you are partially at fault in an accident and fail to collect evidence, the other party could skew the details of the crash or even pin the blame for the accident on you. By hiring an attorney, you are protecting your right to file a claim and recover compensation for your damages caused in the crash.

What Damages Can I Sue For If I’m Partially At Fault in a Truck Accident?

If you are partially at fault in a truck accident, you can sue the other party for financial damages if your state’s laws allow. Damages that you could be eligible to recover include:

  • Medical expenses from the accident
  • Pain and suffering caused by your injuries from the crash
  • Lost wages caused by the accident
  • Your spouse could claim loss of affection from the accident
  • Property damage, car rental fees, and other expenses that arose because of the crash

While not everyone is eligible to sue if they are partially at fault in a truck accident, consulting an attorney can quickly determine your eligibility. An experienced attorney can analyze your case, offer advice, and assist you with filing an insurance claim against the responsible party in the accident.

How Can a Lawyer Help With My Case If I’m Partially At Fault in a Truck Accident?

Dealing with the aftermath of an accident that you are partially at fault in can be daunting, but a lawyer can offer guidance during this trying time. If you are partially at fault in a truck accident, a lawyer can help you file an insurance claim and sue the other party depending on the circumstances of your case. If you are partially at fault in a truck accident and unsure whether you can sue the other party involved, contact the Dixon Injury Firm today to explore the options available to your case.

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