What is comparative negligence and how does it apply to truck accidents?

Comparative negligence is a doctrine of law that applies when a plaintiff and a defendant are both found at fault for a particular incident. It typically applies in cases of negligence, such as car and truck accidents. In West Virginia, when it applies to truck accidents, comparative negligence requires that each party’s degree of fault be determined. The concept of comparative negligence is based on two principles. The first principle is that the damages that the plaintiff suffered should be apportioned among all parties deemed at fault. This means that the amount of damages the plaintiff is entitled to receive is proportional to their degree of responsibility. The second principle is that the plaintiff will only be judged to be negligent if their behavior was a substantial factor in causing their injury. When the doctrine of comparative negligence is applied to truck accidents in West Virginia, each driver’s degree of fault for the accident is determined and each is assigned a percentage of responsibility. Depending on the percentages assigned, the damages that the injured party is able to recover may be reduced by the amount of their own fault. For example, if the plaintiff was found to be 30% responsible for the accident, their damages may be reduced by 30%.

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What is comparative negligence and how does it apply to truck accidents?

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