A Truck Hit Me While I Was Texting. Can I Still Claim Damages?

 Posted on June 27, 2024 in Truck Accident

People who are involved in truck accidents often sustain severe injuries. When it comes to personal injury lawsuits, generally speaking, the more severe an injury, the more severe the damages. Victims usually try to claim compensation for those damages by hiring a Colorado truck accident attorney. The lawyer may bring a claim against the truck driver’s insurance company or the trucking company for damages like medical expenses and lost wages.

But what if you were texting at the time of the accident? Can you still claim compensation if you were partly at fault? To answer these questions, it is important to first understand Colorado’s modified comparative negligence law.

What Is Modified Comparative Negligence?

Some states have comparative negligence laws, which means that more than one person can be found negligent, or at fault, for an injury. This includes the victim. If a victim wants to claim compensation for damages, the insurance company or court may find that he or she also contributed to the injury, known as contributory fault. In that case, the amount of the victim’s compensation is reduced by the percentage of his or her fault.

For example, if you are found to be 30 percent at fault for your injury, you will receive 30 percent less compensation than you would have received.

Other states, like Colorado, have modified comparative negligence laws. This means that not only can the victim be found partly at fault, but if the victim is at least 50 percent at fault for the injury he or she cannot claim compensation for damages.

What Are Some Examples of Contributory Fault?

If you contributed fault to your injury, you will receive reduced compensation or none at all. Examples of this include:

• You were hit by a truck while you were texting. The truck driver may be at fault, but you may have been able to avoid the accident if you had not been distracted.

• You were speeding. You might have been able to avoid the accident or it would not have happened if you were going a reasonable speed.

• You developed lung cancer from breathing in asbestos at work. If you also smoked cigarettes you will likely be found partly at fault for your condition.

• You were hit by a car while jaywalking. Even if the driver was speeding, you may still be partly responsible for your injury.

Contact a Larimer County, CO Truck Accident Lawyer

Modified comparative negligence can make your claim for damages more complicated. Hiring a Fort Collins, Colorado truck accident attorney is a great way to make sure you have the best chance possible at claiming compensation. At Hoggatt Law Office, P.C., our attorneys are well-versed in modified comparative negligence laws. We will investigate your case and fight to get you the most compensation possible for your injury. Call 970-225-2190 for a free consultation today.