Compensation is nearly always required after a truck accident. Since truck accidents often cause so much damage and cause a person to suffer from such intense injuries, they require a fair monetary settlement to help them make up for the damages which were clearly not their fault.
The way in which compensation is determined depends heavily on the state a person resides in. Some states like Texas follow a modified comparative fault system in which a person can only recover the damages for the amount which they were not guilty for in the accident, and if their fault exceeds 50%, they may not be eligible to recover any damage at all. Other states like Florida follow a pure comparative negligence ruling in which a person is also only entitled to the amount they were not guilty of, but they are still eligible to recover damages even if they were more than 50% at fault.
The percentage of fault is determined through the court. The judge will decide, based on the various pieces of evidence and claims presented, who the guilty party is and whether any third party may be held partially responsible for the accident as well. A person will then receive only that percentage of the total compensation which was not their fault.
For instance, if a trucker hits a vehicle and it is discovered that the trucker was speeding but so was the driver, then the driver may be 40% responsible for the accident while the trucker is held 60% responsible. This means that if the damages they suffered due to the collision totaled to $20,000, they would only be allowed to walk home with $12,000 because they will lose their entitlement to the 40% which was their own fault.
What can I be compensated for?
A person can be compensated for basically any sort of loss they suffered because of the accident. This can include both tangible losses such as accumulated medical bills, and property damage, to intangible losses such as any pain and suffering a person experienced. The whole point of receiving compensation after an accident is to try and undo the damage a driver suffered as much as possible. If a person has the right attorney by their side, they can easily prove that they suffered serious damages and they can request to have monetary compensation granted to make up for their losses.
It is important to remember that above everything, the evidence is incredibly important. In order to receive the compensation a person deserves they need to be able to provide enough evidence to the court to convince them that the accident was not their fault and also that they actually need the money to help them recover from the unfortunate reality they just experienced.
Truck accidents can be incredibly frightening and can lead a person to face both physical and emotional trauma. If a driver has been hit by a truck they should immediately reach out to their truck accident lawyer to help them get their paperwork together and to ensure they receive the monetary settlement which they deserve in order to come to a full and complete recovery.