Comparative negligence in a truck accident injury case

On Behalf of | Feb 12, 2021 | Personal injury

Comparative negligence law arises from the legal doctrine that many motor vehicle accidents are not necessarily the fault of one driver. Typical New Jersey accidents include at least two drivers, but multiple vehicle crashes are not uncommon when trucks are involved. Law enforcement officials investigate all truck accidents intently, as do the trucking companies and their insurance providers when looking for mitigating evidence.

Driver fault assessment

The truck driver is not always the most negligent driver in certain accidents. Trucks are difficult to stop when a front vehicle has mechanical problems or stops suddenly, which can easily create a chain-reaction collision. Evidence of fault in commercial truck accidents can range from specific failure to comply with driving rules and regulations to driving under the influence, and it is always essential to provide solid documentation supporting truck driver fault. All drivers in an accident are evaluated for their own negligence with a required total of 100%, and each driver is liable for personal injury damages based on the assigned percentage.

Vicarious liability in truck accidents

Negligence in a truck accident can also include more parties than just the driver. Both the employing trucking company and the shipment contractor could be liable when evidence can be presented regarding improper loading or directions to violate DOT rules. Even with a computerized truck and operating log control, shipping companies can still skirt the rules with drivers. Evidence of this activity can establish standing to file additional claims or request punitive damages in a trial in some instances.

Big rig collisions are unlike any other highway accident claims, and it is essential to have a personal injury attorney who is experienced in handling truck accident cases when filing a claim. Truck accidents are some of the most complicated personal injury cases, and damages can commonly be available even when cases are strongly contested.

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