There are few things in life as catastrophic as an accident involving a big rig and a passenger vehicle. Death, severe injuries, and permanent disabilities are all very real concerns. If you or someone you know was involved in a wreck with a big rig, you should speak with a qualified attorney about filing a personal injury claim. In this article, you’re going to learn more about a trucking company, how fault affects a claim of personal injury, and what you should do if you’re injured.
Fault and Personal Injury
Personal injury is about fault. One party is injured because the other party did or didn’t do something. However, in most jurisdictions it can get a little more complicated. Courts around the nation look at both parties to determine how their actions or their inactions affected the accident. This is a concept known as contributory negligence. Depending on the jurisdiction If it is determined that the plaintiff was more than 51% at fault, they may be barred from receiving any sort of monetary recovery.
For instance, if the roads are slick and Mr. Smith is texting in driving in a state where texting and driving is illegal, he may look up and realize that he is about to run a red light or hit the back of another vehicle. So, even in the slick conditions, he might slam on his brakes. Several hundred feet behind him is a truck. If the truck driver is following too closely given the weather conditions, the driver may hit Mr. Smith’s vehicle or swerve and cause other damage. If a truck hits Mr. Smith’s vehicle, they may retain some of the fault. However, the court would also examine the fact that Mr. Smith was breaking the law because he was texting. That is a contributing factor.
The Importance of a Lawyer
If you’ve been injured due to the fault of a big rig driver, you need to speak with a competent and experienced personal injury attorney. Regardless of the location of the occurrence, a personal injury attorney can help you protect your legal rights. Don’t wait to call. Act now.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against NFI Industries, or any other party, you may not be entitled to any compensation.
