In many states, the value of a hit by a company vehicle settlement depends not only on your injuries and damages but also on whether you share any responsibility for the crash. This legal concept is called comparative fault.
Under comparative fault rules, the compensation you receive is reduced by the percentage of blame assigned to you. For example:
If your damages total $100,000 but you are found 20% at fault, your final settlement would be $80,000.
If you are more than 50% at fault in some states, you may not be eligible to recover any compensation at all.
Comparative fault is especially common in commercial vehicle accidents, where companies and their insurers argue that victims contributed to the collision. Having a skilled attorney helps protect your rights and ensures that fault is not unfairly shifted onto you.
Comparative Fault Laws in Company Vehicle Accidents
Different states apply comparative fault laws in different ways, which can directly affect the outcome of a commercial vehicle accident settlement. There are three main approaches:
Pure comparative fault laws – Even if you are 99% at fault, you can still recover 1% of your damages.
Modified comparative fault laws – You can only recover damages if you are less than 50% (or sometimes 51%) at fault. If your share of responsibility exceeds that threshold, you cannot collect compensation.
Contributory negligence (very strict) – In a few states, if you are even 1% at fault, you may be barred from recovery.
Because rules vary widely, understanding how comparative fault laws apply in your state is essential. A personal injury lawyer can review your case, explain how fault is calculated, and help maximize the settlement you may receive after being hit by a company vehicle.