An Experienced Legal Team Outlines the Basics of Comparative Negligence and Partial Damages
Semi-truck accident claims are challenging on multiple levels. The severity of your injuries, what led to the crash, and where liability lies are just a few circumstances that come into play when determining if you’re eligible for compensation. While the situation can be complicated, having a skilled truck accident lawyer on your side can help.
At Beck & Beck, we’re the down-to-earth, hard-working attorneys you can trust to put your best interests front and center. We’ll help you explore your options and explain the legal process, including the stipulations of comparative fault and how much compensation you might be able to recover even if you’re found to be partially responsible for the incident.
Understanding Comparative Negligence
According to the state’s modified comparative negligence law, if one person is at fault, naturally they're solely responsible. However, when multiple parties are a fault, each entity may be assigned a percentage of responsibility in an accident. However, if your percentage of fault is less than 50 percent, you may still be able to recover economic and non-economic damages related to the truck crash—but your eligible compensation is reduced in proportion to your percentage of fault.
Complex Situations With Truck Accidents
An important note: legal waters are even more murky when big rigs, semis, tankers, or other large commercial vehicles are involved. Multiple parties may be investigated to determine fault, as many aspects go beyond a standard car accident involving two personal vehicles. So a legal determination might reveal negligence caused by:
- The truck driver—for negligence, error, reckless driving, fatigue, or other factors.
- The trucking company—it could be responsible in various situations from training and hiring to adherence to federal and state transportation regulations.
- The truck manufacturer—if there was a malfunction involving vehicle parts or equipment.
- The cargo loading company—if improper or unsafe cargo loading was a factor in the accident
- You—certain actions, such as following too closely, speeding, or reckless driving, may be considered, too.
Possible Partial Damages You May Be Eligible to Recover After a Nebraska Truck Accident
As mentioned, if you’re less than 50 percent at fault, you may still be able to pursue a percentage of compensation. Here’s what our team at Beck & Beck will assess.
Medical Expenses
There can be many medical and medical-related bills associated with your Nebraska truck accident. Common injuries include serious neck or spinal cord injuries, broken bones, concussions and other traumatic brain damage, internal or soft tissue injuries, burns/scarring, and many more.
Financial losses you might be eligible to recover include:
- Costs of short-term medical care, including emergency care, tests, hospitalizations, or surgeries
- Coverage of long-term medical care, such as physical therapy, ongoing care, medications, and more
- Mental health concerns as a result of the incident
- Loss of enjoyment of life due to injuries
- Travel expenses associated with related medical care
- Home modifications required as a result of your injuries
Other Potential Losses
Even if you’re partially at fault, you may still have a right to receive compensation for:
- Damage to your vehicle or other property
- Additional pain or suffering you experienced as a result of the accident
- Lost wages
- Lost earning capacity
What Our Personal Injury Lawyers Can Do for You
At Beck & Beck, your battle is our battle. Hiring an attorney helps you face the process with less stress and more peace of mind. We’ll partner with you to fight for a fair recovery after a truck accident and work diligently to gather evidence, investigate, and identify all potential parties that could be at fault in the incident. We also carefully walk you through all your options—including how to navigate issues with comparative negligence—and help you understand the legal process.
Don’t go it alone. Turn to brothers and founders John and Paul Beck and trust that they’ll strive to secure the results you deserve.