Can I Sue For A Truck Accident If I Was Partially At Fault?

Pennsylvania is a “modified” comparative negligence state. Even if you are partially at fault for a truck accident, you can sue for damages under Pennsylvania’s modified comparative negligence standard.

Truck accidents can cause more injuries and damage than regular car accidents. Determining liability in truck accidents is often tricky. Multiple parties including truck drivers, trucking companies, parts manufacturers, or mechanics may be liable. An experienced Truck Accident Attorney can help victims build a solid case and prove the liable party’s negligence.

Modified Comparative Negligence

Pennsylvania is one of the thirty-three states in the country that follow a modified comparative fault system. Under this system, an individual cannot recover damages if their contribution to the accident is more than fifty-one percent.

Under the fifty-one percent bar rule, a plaintiff can only recover damages if they are less than fifty-one percent at fault.

This means that you must be less at fault than any other party or parties involved to receive compensation.

If you are thirty percent at fault and have $100,000 in damages, you would receive $70,000 after factoring in your degree of fault.

Modified comparative negligence limits an accident victim’s ability to recover damages depending on how much they are at fault for the collision. Insurance companies know this law very well.

They use it to apportion some of the blame on injured victims. Determining fault in a truck accident requires a complete review and investigation of the accident. You will have to use all available evidence to prove how someone else was more at fault and why the court should order them to pay you compensation for your injuries.

Navigating Pennsylvania’s modified comparative negligence law requires legal expertise and extensive experience.

An experienced accident lawyer at The Law Offices Of Samuel Fishman can help victims understand the principles and intricacies of modified comparative negligence. Our law firm helps truck accident victims navigate the legal terrain more effectively.

Philadelphia Lawyers Protecting the Victim’s Right to Fair Compensation In Complex Truck Accident Cases

The law requires trucking companies to ensure that their drivers conduct pre-trip, in-transit, and post-trip inspections.

After a truck accident, the trucking company may try to repair the truck. At The Law Offices Of Samuel Fishman, we dispatch a spoliation letter to the trucking company to preserve the truck until a professional examines it. We know the significance of the evidence from the electronic control module (ECM) and other onboard recording devices that record various driving-related data. When determining a truck accident claim’s value, the lawyers at our personal injury law firm consider the severity of victims’ injuries, lost wages, the cost of medical treatment and ongoing care, and other damages.

Insurance companies employ tactics to minimise payouts. Regardless of your partial fault, our truck accident attorneys can help you explore all potential legal avenues for compensation.

If you have suffered injuries in a truck accident partially due to your fault, and want to know whether you have a valid case, get in touch with an attorney at our law firm for your free consultation.

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