Can I Still Claim Compensation If I Was Partially at Fault?

If you have recently been involved in a truck accident, you may be feeling confused or worried about your legal options. Accidents can be overwhelming and emotional, especially when there are questions about fault and what compensation you can claim. It’s normal to wonder if you can still pursue a claim for compensation if you were partially at fault in the accident. In this blog, we will help you understand your rights and explain the steps you can take to seek compensation, even if you share some responsibility for the crash.

Understanding Fault in Truck Accidents

When it comes to truck accidents, the question of who is at fault plays a key role in determining who can claim compensation. In Idaho, like many other states, the law follows a principle called comparative negligence. This means that even if you are partially at fault for the accident, you can still recover compensation for your injuries and damages. However, the amount you can receive may be reduced based on your percentage of fault in the incident.

For example, if the court determines that you are 20% at fault for the truck accident, your compensation will be reduced by that percentage. This is important because it gives you a chance to still seek justice and compensation, even if you were not completely blameless in the accident.

Comparative Negligence Explained

Comparative negligence is a legal standard that allows people involved in an accident to seek compensation even when they are partly responsible for the incident. It is important to understand that just because you may have played a role in causing the accident, it does not mean you lose your right to seek compensation altogether. In fact, Idaho follows a modified comparative negligence rule, meaning you can still file a claim if you are less than 51% at fault for the truck accident.

If you are found to be 51% or more at fault, you are generally not entitled to compensation. However, if your fault is determined to be 50% or less, you can still pursue a claim, and the compensation will be reduced based on your level of responsibility.

The Importance of Evidence

When determining the level of fault in a truck accident, the evidence plays a significant role. The more evidence you can provide to show the other party’s negligence, the better your chances of receiving a fair compensation. This can include accident reports, eyewitness testimony, photos of the scene, and video footage if available. Even if you were partly at fault, strong evidence can help prove that the truck driver or the trucking company was primarily responsible for the crash.

Hiring an experienced attorney who knows how to gather and present this evidence is key. An attorney can work with experts to reconstruct the accident and show how the other party’s actions contributed to the crash, even if you share some responsibility.

Can You Still File a Claim Against the Trucking Company?

One of the most common questions we hear from accident victims is whether they can still file a claim against the trucking company, especially if they were partially at fault for the accident. The short answer is yes, you can. Trucking companies have large insurance policies and legal teams working to defend them, and it is possible to claim compensation from them even if you are partially responsible for the accident.

Trustworthy, honest, efficient, and effective - all words that describe John Edwards and his staff! Working with the team at Hepworth Holzer helped me focus on getting well and not on the financial worries of my situation.

Kathy Crowley

John Edwards and his staff are excellent. They took the time to explain the process completely and worked hard to ensure I would get the most out of my settlement. John is a very caring lawyer who cares more about his cleint then the possible gain from the end results. He was able to work with my health insurance company to lower their reimbursement to the lowest possible amount and even ensured I would be taken care of with future claims by waiving co-pays for my shoulder and neck injury.

Lee Morris

Mr Holzer has an above-and-beyond, do the right thing approach to life. He is caring and thorough. I’m grateful to know him and have his assistance!

Sarah Brown

Charlie Hepworth provided excellent legal services to my husband and I. In 2015, I was struck by a semi-truck on the connector and spent five weeks in the hospital. Charlie was referred to us by a friend and we were so fortunate to have him on board. He was compassionate, knowledgeable, highly experienced, and guided us every step of the way. We are pleased with the outcome and having Charlie on our team certainly made the long process of recovery a bit easier.

Guy H.

I am writing specifically about John Kluksdal. The work that he did for me was nothing but amazing. When it was time to go into my settlement hearing, he worked extremely hard and was able to get a justifiable settlement. He's great!

Guy H.

The trucking company may still be held liable for various factors that caused the crash. For example, if the truck driver was speeding, driving recklessly, or failing to maintain their vehicle properly, these actions could contribute to the accident. Even if you made a mistake, the truck driver or the company may share a greater degree of responsibility for the crash, and you may still be able to recover compensation from them.

How an Attorney Can Help

If you have been involved in a truck accident and are wondering whether you can still claim compensation, the best step you can take is to consult with an attorney. An attorney will be able to evaluate the facts of your case and guide you through the legal process.

They will work with you to determine how much fault you share and help you understand how comparative negligence applies to your situation. With an attorney’s help, you can collect the necessary evidence, negotiate with insurance companies, and even take the case to court if needed.

The role of an attorney is to fight for your rights and ensure that you receive the compensation you deserve, even if you were partly at fault. Truck accident cases can be complex, and having the right legal team on your side can make all the difference in achieving a successful result.

Related Videos

Rules of a Personal Injury Claim

Choosing a Personal Injury Attorney

What Compensation Can You Claim?

Even if you were partially at fault, you may still be entitled to a range of compensation for your injuries and damages. This can include medical expenses, lost wages, pain and suffering, and property damage. The amount of compensation will depend on the severity of your injuries, the extent of the damage to your property, and the percentage of fault assigned to each party involved.

For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your compensation would be reduced to $80,000. This reduction takes into account your role in the accident but does not eliminate your ability to receive compensation altogether.

Negotiating with Insurance Companies

After a truck accident, you will likely have to deal with the insurance company of the truck driver or the trucking company. Insurance companies are often quick to settle claims for the lowest possible amount, especially if they believe you may be partially at fault. This is where having a strong attorney can be incredibly helpful.

Verdicts & Settlements

$7,550,000

Medical Malpractice

$5,500,000

Plane Crash/Wrongful Death

$5,000,000

Commercial Truck Collision/Wrongful Death

$4,800,000

Trucking Crash

$4,450,000

Industrial Accident Case

$3,800,000

Wrongful Death/Aviation

$3,300,000

Auto Accident

$3,000,000

Commercial Collision

$2,930,000

Medical Malpractice

$2,900,000

Liquor Liability

Your attorney will ensure that the insurance company does not take advantage of you by offering a settlement that is less than what you deserve. They will negotiate on your behalf and make sure that all damages, including those caused by your partial fault, are taken into account when determining compensation.

Truck accidents are traumatic events, and the stress of dealing with insurance companies, fault determinations, and medical bills can feel overwhelming. If you have been partially at fault in a truck accident, it’s important to understand that you still have the right to claim compensation. Idaho’s comparative negligence laws allow you to recover damages even if you share some responsibility for the crash, but the amount you receive will be reduced based on your level of fault.

At Hepworth Holzer, LLP, we understand how difficult it can be to navigate these complicated legal waters. Our team is here to help you understand your rights, gather the necessary evidence, and fight for fair compensation. If you have been involved in a truck accident, don’t hesitate to contact us. We are here to support you and guide you toward the compensation you deserve.

To learn more about this subject click here: Types of Compensation Available in Truck Accident Claims in Canyon County, ID