Can I File a Truck Accident Claim If I Was Partially at Fault?

Determining fault after a truck accident can be especially complicated since there are so many parties who may have played a role. The truck driver, motor carrier, maintenance contractor, or even a government entity might be liable for damages. In some cases, multiple drivers involved in the crash share liability.

If you were hurt in a truck accident but the opposing party is saying that you were partially at fault, it’s important that you speak to an attorney. Your lawyer can gather evidence of the other party’s liability and take the necessary steps to minimize the percentage of fault assigned to you, or perhaps eliminate it altogether.

The state of Minnesota follows a modified comparative negligence rule. That means if you contributed to the collision—or to the severity of your damages—in any way, you may still be entitled to compensation, but your award will be reduced by your own percentage of fault.

If you incurred $200,000 in damages, for example, but you’re deemed 25 percent responsible, you may recover no more than $150,000. It’s important to note that in Minnesota, plaintiffs who are found more than 50 percent liable are barred from recovering damages.

How Can I Prove the Other Parties Involved Are More Liable Than I? 

Because your own percentage of fault will have a major impact on the outcome of your truck accident claim, it’s essential to gather evidence of the other party’s liability. Such evidence may include:

• Photographs from the scene;
• Data from the truck’s black box;
• The driver’s logs;
• Weigh station receipts;
• Cell phone records;
• Eyewitness testimony;
• Results from chemical tests conducted after the crash;
• Dash cam footage;
• Recordings from surveillance cameras near the scene;
• The motor carrier’s maintenance records; and
• The official police report.

Even if you’re able to prove liability, you won’t be able to recover a settlement until you prove the types of damages incurred and their value. Evidence of damages may include:

• Hospital bills;
• Other medical records;
• Photographs of any scarring, disfigurement, or other visible injuries;
• Income statements detailing missed work;
• Contractor quotes for repairing or replacing damaged property;
• Records, receipts, and invoices for other reasonable and necessary expenses like home care, child care, domestic help, and alternative transportation;
• Contractor quotes for modifying your home to accommodate disabilities;
• Personal injury journal entries; and
• Statements from friends, family members, and colleagues explaining how the injuries have appeared to affect your wellbeing and productivity.

Discuss Your Case with a Truck Accident Lawyer in Minneapolis 

If you were hurt in a large truck crash in Minnesota, contact Bradshaw & Bryant to determine the most strategic way to proceed. From the moment you call our office to the day your case is resolved, you’ll be treated with the utmost professionalism, compassion, and respect.

Our legal team is proud to help accident victims and their loved ones put their lives back together. Call 800-770-7008 or use our Online Contact Form to set up a free consultation with a truck accident attorney in Minneapolis.