The courts in Lincoln follow the Modified Comparative Negligence Rule. This law states that if the court finds that the plaintiff in a personal injury case is 50% or more at fault for the damages, he or she cannot recover compensation. On the other hand, if the injured person is less than 50% responsible, the court will reduce his or her damages by that percent of fault. This means a person’s percentage of fault plays a vital role in how much compensation they can recover for their injuries.
If a negligent driver injured you in a tractor-trailer collision, speak with an experienced attorney at Berry Law: Criminal Defense and Personal Injury Lawyers right away. Allegations of comparative negligence in Lincoln truck accident cases can be difficult to defend against without a determined lawyer. Our legal team can protect your right to receive full compensation for your injuries.
Situations That May Lead to Partial Liability in Lincoln
In a truck accident claim, your attorney’s goal is to prove the accident was a result of the trucker’s negligence. However, the at-fault driver’s legal counsel may also argue that you were also partially responsible for the wreck.
In a situation where a truck driver turns left into oncoming traffic, causing a collision, one might think that person is clearly at fault. Failing to yield to oncoming traffic is a violation of local laws, but he or she might not be the only responsible party.
If you were driving significantly faster than the speed limit, the court might consider you partially responsible for the collision. Although you may have thousands of dollars in medical bills, the jury will reduce your compensation if they find you were partially responsible for the crash.
In the event of a severe vehicle collision with an 18-wheeler or semi, it is crucial that you receive the maximum compensation available. You may suffer from catastrophic injuries that require lifelong care, and your compensation should reflect that. Due to the gravity of most truck accident claims, it is best to work with a persistent lawyer who can argue that the other driver is fully responsible for the accident.
Calculating Damages after a Comparative Negligence Ruling in a Truck Wreck Case
When the jury deems a plaintiff partially liable for an accident, they will reduce the potential compensation by your percentage of fault. For example, if the jury awards you $100,000 in damages and finds that you were 25% responsible for you injuries, you will only receive $75,000.
Conversely, if the jury deems that you were 50 percent liable for the wreck, you will not be eligible for compensation. An aggressive lawyer who regularly handles tractor-trailer wrecks can work to ensure you don’t lose the opportunity to recover damages due to a comparative negligence ruling.
Factors to Consider in a Tractor-Trailer Accident Case
Even if you are successful at proving you bear less than 50% liability for the tractor-trailer wreck, you should consider the extent of the negligent truck driver’s insurance policy. If the defendant or his or her insurer refuses to pay for your injuries, an attorney may need to take additional steps to ensure you receive the compensation you need.
Ask an Attorney About Comparative Negligence in Lincoln Truck Accident Cases
If a large commercial vehicle struck your car, you should beware of insurance adjusters who may try to prove you are partially responsible for the wreck. Comparative negligence in a Lincoln truck accident case can negatively impact the amount of compensation you receive. Improve your chances of receiving full and comprehensive compensation by hiring an attorney at Berry Law: Criminal Defense and Personal Injury Lawyers today.