Nebraska’s comparative fault laws can significantly impact the outcome of trucking accident claims. An accident involving a commercial truck is much more complex than a typical crash, adding layers of legal burdens to navigate when determining fault.
If you suffered injury or damage in a trucking accident, it is important to fully understand what comparative fault means for you.
What is comparative fault?
Comparative fault determines how much each party is responsible for an accident. When an accident occurs, the involved parties receive a percentage of the fault. If the person filing the claim is partially at fault, the compensation they receive will reduce by their percentage of fault. For example, if the plaintiff is 20% at fault for the accident, their compensation will reduce by 20%. If the total damages amount to $100,000, the plaintiff would only receive $80,000.
What does this mean for Nebraska trucking accidents?
Nebraska follows a modified comparative fault rule. This rule means that if the plaintiff’s fault is equal to or exceeds 50%, they cannot recover any compensation. In a trucking accident, determining fault can be complex, as multiple factors often contribute to the accident. These factors may include the truck driver’s actions, road conditions, vehicle maintenance and even the actions of other drivers.
Trucking accidents are particularly complex, so thorough investigations are necessary to determine fault accurately. Traffic camera footage, witness statements and vehicle data records play a vital role in establishing what happened during the accident. Nebraska’s comparative fault laws can also influence how settlement negotiations proceed. Insurance companies often consider the potential for shared fault when deciding how much to offer in a settlement.
In the aftermath of a trucking accident, keep in mind the potential for a reduction in compensation based on fault percentage. This can prepare you for the possible outcomes of your claim, especially when there are many parties involved in the accident.