In the District of Columbia, the law of contributory negligence is a legal defense available to a defendant, whereby the defense is able to allege that the injured person or the plaintiff caused or contributed to their injuries. As a matter of law, the injured person is barred from recovery, if the fact finder determines that the injured person did cause or contribute to the sustained injuries in any way.
As a matter of law, the injured person is barred from recovery, if the fact finder determines that the injured person did cause or contribute to the sustained injuries in any way. In short, it is an all or nothing proposition. If the defense is able to prove some level of contributory negligence, the plaintiff cannot as a matter of law recover.
A skilled truck accident attorney can discuss damages with you for any wounds you may have sustained. They can help define contributory negligence in DC truck accidents and how that may affect the outcome of your case.
In place of contributory negligence in DC truck accidents, the majority of the country follows comparative negligence law. In a comparative negligence jurisdiction, which is not the District of Columbia, the fact finder, albeit a judge or a jury, is able to apportion the levels of negligence to all parties involved and the resulting award or compensation is then apportioned in the same manner as the levels of negligence.
For example, if a person is severely injured and the fact finder determines that proper compensation is $100,000, but finds both the plaintiff and defendant equally liable, the plaintiff will receive 50 percent of the $100,000 awarded by the jury. If this same case were to come before a jury in the District of Columbia, the jury would be forced to return a verdict in favor of the defense against the plaintiff and the plaintiff would receive zero compensation.
The actions of the plaintiff or the injured party are examined by the defense to evaluate whether there are some facts to support evidence of contributory negligence in DC truck accidents. In a motor vehicle collision, this would be an evaluation of the operation of the plaintiff’s motor vehicle.
The goal for evaluation of the plaintiff is establishing whether there was a violation of any rules of the road or traffic code sections. If the plaintiff made an unsafe lane change or did something that they are not able to do in accordance with the rules of the road, even if the defense were also negligent, the defense would be able to use this information to support the defense of contributory negligence.
People should understand that cases with contributory negligence in DC truck accidents can be difficult and they can be significant cases. The reason they can be difficult is because oftentimes determining the owner and/or operator of a truck can be somewhat difficult.
Typically, companies or corporations are set up as the owners of these trucks to shield themselves from liability. It is important to understand that a truck is typically considered a commercial vehicle owned by a company, versus a motor vehicle owned by an individual. These issues need to be resolved and investigated by an attorney that has the knowledge, training, and the experience to work through these issues.
It is important to contact an attorney early in the case so that the attorney can take the necessary steps to investigate the claim and secure any and all information or evidence that may be necessary to prove the claim later, which can be up to several years later.
