What if I Am Partly to Blame for the Trucking Accident?
Request Free ConsultationAn accident involving a tractor trailer or other big commercial truck can happen in an instant, leaving those involved to wonder what went wrong.
“Could I have done something differently?” is one question that may run through your mind as you replay the accident. You may feel that if you had only driven a little slower or not glanced at your GPS for a moment, things would have turned out better.
Nobody should have to suffer because of another person’s negligence, but any small error on your part should never overshadow the actions of a negligent truck driver.
An experienced Denver truck accident lawyer can explain whether you were partly to blame for the trucking accident and how that might affect your case.
Every state has a system of attributing fault in personal injury cases, including truck accidents. When multiple parties share liability for an accident, what happens next can vary greatly depending on where you live or the state where the accident occurred.
In such cases, having a lawyer in your corner can make a tremendous difference in the outcome of your case and the amount of compensation you obtain.
Understanding Truck Accident Claims
Commercial truck accidents often result in life-altering injuries, serious emotional trauma, extensive property damage, and financial hardship. You may face costly medical expenses, missed work, and lost wages despite considerable pain and suffering.
The truck accident claim process can sort out who pays for all these damages. Lawyers for all parties investigate the truck accident, collect evidence, and work to defend their client’s interests.
Trucking companies normally have a team of lawyers and insurance companies on their side that aggressively work to minimize their client’s liability for the accident. They may try to reduce the compensation they owe you by blaming you for the accident, either partially or fully.
A skilled truck accident lawyer can level the playing field for you, using their knowledge of trucking rules and regulations, experience, and evidence to support your claim for damages and protect you from undue blame.
If you share fault for the trucking accident, you may still seek compensation. How much compensation you may obtain depends on how much fault you shared for the accident and which negligence model applies in the state where your accident occurred.
Colorado’s Modified Comparative Negligence Rules
Modified comparative negligence is the most common legal framework for negligence in the nation. States, like Colorado, that follow this model set a fault threshold, often 50% or 51%.
If your share of fault falls below that threshold, you can still collect compensation, reduced by your percentage of blame. However, if you meet or exceed the threshold, you lose the right to any recovery.
- Example: Colorado’s 50% bar
Colorado bars compensation above 50%. If you’re found 49% or less at fault, your compensation is proportionally reduced by your share. But if your fault is found to be 50% or higher, you cannot claim compensation. Some other states use a 51% bar, meaning you can recover if you’re up to 50% at fault but not once you reach 51%.
Evidence That Can Minimize Your Share of Fault
Since partial blame can reduce compensation, collect strong evidence.
Evidence that your truck accident attorney may use to support your claim may include:
- Accident scene evidence: Photos, videos, and police reports capturing skid marks, debris patterns, or statements from the truck driver can shape fault determinations.
- Police and incident reports: Authorities may document whether a truck driver was speeding, impaired, or breaking traffic laws when the accident occurred.
- Dashcam or surveillance footage: Camera evidence can confirm whether a truck driver drifted out of their lane or failed to slow down at a stoplight.
- Witness statements: Third-party accounts can confirm if the truck driver was weaving, texting, or driving too fast, reducing the likelihood you’ll be saddled with undue blame.
- Electronic data: Data from the truck’s black box or ELD can provide insight into speed, braking times, and driver hours on duty.
- Cell phone records: If the truck driver was using a phone at the time of the crash, their share of liability for the accident could increase.
- Maintenance records and logs: Inadequate servicing or unaddressed mechanical problems such as faulty brakes and tires can cause or contribute to a truck accident.
- Trucking company practices: Hiring safe, qualified drivers is just as important as maintaining a fleet of safe trucks. Inadequately screening truck driver candidates or training drivers puts everyone on the road in danger.
Gathering all critical evidence and skillfully using it to demonstrate the truck driver’s or trucking company’s negligence is a pivotal part of any personal injury claim or truck accident lawsuit.
If the other parties find evidence against you, your personal injury attorney must prove that even if you made a mistake, the driver or company’s negligence played a much bigger role.
Common Causes of Truck Accidents Nationwide
Commercial truck accidents can happen in many ways, but certain patterns emerge across the United States.
Understanding these causes can help you realize that a minor slip on your part does not necessarily define fault:
- Driver fatigue
Truck drivers may exceed their driving hours under pressure to meet tight deadlines. Fatigue can slow reaction times or cause a driver to fall asleep. - Distracted driving
Activities such as texting, adjusting navigation, or even eating behind the wheel take a truck driver’s eyes and mind off the road. - Speeding
Heavy commercial trucks require much longer stopping distances than other vehicles, usually the length of 1.5 football fields. Truck drivers should never exceed the posted speed limit and adjust their speed in snow, ice, rain, fog, and construction zones. - Reckless speed or aggressive driving
A fully loaded truck traveling recklessly above the speed limit or aggressively driving to complete a delivery puts everyone around them at risk of a potentially catastrophic crash. - Mechanical failures
Worn tires, faulty brakes, or unaddressed engine problems can spark accidents. Maintenance is a critical responsibility for both drivers and companies. - Improper loading
If cargo isn’t balanced or secured correctly, it could shift and cause a truck to jackknife or roll over during a turn, especially at highway speeds. - Substance abuse
Drunk driving and impaired driving are relatively uncommon in truck accident cases, but they do continue to cause accidents. Alcohol and illicit or prescription drugs make it impossible for commercial drivers to operate a truck safely.
All of these significant issues likely eclipse any small misjudgment you think you made.
Trucking companies and drivers must adhere to far stricter guidelines than everyday motorists, so even a momentary lapse on your part shouldn’t outweigh any major safety breaches on theirs.
Possible Damages in a Truck Accident Case
Even if you’re partially at fault, you may recover compensation to address your losses.
Potential damages include:
- Medical expenses: Costs for emergency care, surgery, rehabilitation, assistive devices, and ongoing treatments.
- Lost wages: If you cannot work while recovering, you may pursue damages for lost income.
- Loss of earning capacity: For long-term or permanent injuries that affect future employment, you can seek additional compensation for diminished earning potential.
- Pain and suffering: Physical pain, emotional distress, and mental anguish can all be compensable forms of pain and suffering.
- Property damage: Repairs or replacement for your vehicle and any other personal property.
- Emotional distress and therapy costs: Counseling or psychiatric care may be necessary after a traumatic truck accident.
How Personal Injury Lawyers Can Support You
Whether or not you suspect you shared fault for a truck crash, a personal injury or truck accident lawyer can significantly benefit the outcome of your case.
A legal advocate will:
- Evaluate Your Case
An attorney can listen to your version of events, gather evidence, and provide an honest assessment of your likelihood of success under your state’s negligence rules. - Investigate Thoroughly
Lawyers often work with accident reconstruction experts, medical professionals, and other specialists to reveal the root cause of a crash. This investigation helps counter any unfair blame shifted onto you. - Negotiate with Insurers
Insurance companies motivate their adjusters to minimize payouts, which may involve overemphasizing your fault. A personal injury lawyer negotiates on your behalf to ensure any fault percentage is fair and accurate. - Advise on Settlement vs. Litigation
You may receive settlement offers, but an attorney will help you decide if they’re sufficient or if you should file a lawsuit. Going to court sometimes yields more appropriate compensation for serious injuries. - Explain State-Specific Laws
Because negligence rules vary, a lawyer will clarify which model your state follows (pure comparative, modified comparative, or contributory) and how it affects your rights.
When you’re juggling medical appointments, emotional stress, and uncertainty about fault, having a knowledgeable advocate can help ease the burden.
Taking Practical Steps After a Truck Accident
- Keep all medical treatments and follow-up visits: Your well-being is paramount. Prompt medical care also creates records tying your injuries to the crash.
- Collect evidence: Photos of the scene, contact information from witnesses, and details about the truck that you may have obtained can strengthen your claim.
- Avoid statements of fault: Insurance adjusters can use even the most innocent statements you make, such as “I’m sorry” against you. Refer any insurance companies that want to talk about the accident and your damages to your truck accident lawyer.
- Avoid posting on social media: Any photos or statements you publicly post in a public forum could be used as ammunition against you.
- Consult a truck accident lawyer: An attorney helps you understand your state’s negligence rules and can advise you on realistic expectations for compensation.
- Track Expenses and Losses: Keep meticulous records of medical bills, prescriptions, therapy sessions, and any car repairs. This documentation supports your damage calculations.
Acting quickly and thoughtfully protects both your health and your potential legal claim, especially when uncertainty about fault looms.
Frequently Asked Questions About Being Partly at Fault
What if the insurance company says I’m mostly at fault?
Insurance adjusters often push blame onto the injured party to reduce payouts. A thorough investigation and legal advocacy can challenge unfair assessments of your responsibility.
Should I delay medical treatment until I know who’s at fault?
No. Immediate treatment is critical for your well-being and ensures that your injuries are documented. Waiting jeopardizes both your recovery and your truck accident case.
How long do I have to file a claim?
Each state imposes a statute of limitations—often one to three years, sometimes longer for certain exceptions. Missing the deadline typically forfeits your right to file a lawsuit. In Colorado, for example, any personal injury or property damage claims associated with a motor vehicle accident have a three-year statute of limitations.
Does filing a claim mean I’ll have to go to court?
Not necessarily. Many truck accident claims settle out of court when both parties agree on fair compensation. However, if the trucking company’s insurer refuses to offer you a fair settlement, filing a truck accident lawsuit and taking your case to court might be the next step.
Fuicelli & Lee Can Help You
Truck accident cases can be very complex because they are often the result of a perfect storm of factors. You might have glanced away for a second or driven a bit too fast, but the truck driver or trucking company might have engaged in far more dangerous conduct. Never assume you know the facts of a case without legal guidance.
At Fuicelli & Lee, our personal injury attorneys have dedicated their careers to helping individuals injured by negligent errors and acts. We can’t undo any of the harm that’s been done, but the right compensation you deserve can be deeply restorative. It can give you the time and space you need to recover and move forward.
Call us at (303) 444-4444 or contact us online to schedule a free consultation. We believe every truck accident victim deserves to explore their options, regardless of their uncertainty about fault.