In situations where the truck accident was especially bad and gross negligence or recklessness occurred, you should speak with your lawyer about filing for punitive damages against the truck driver. Although you will likely be filing a claim against the trucking company’s insurance, it is also possible to file an additional claim against the driver when their actions were egregious. What if I was partially at fault? Because Utah follows a comparative negligence law, it is possible that you could be 50% or less responsible for the accident and still receive some amount of financial compensation for the accident. The percentage that you are deemed at fault is the percentage that will be taken out of the compensation you would receive. If you were injured after a fatigued truck driver caused an accident on the road, call Rasmussen & Miner to see how we can help you with the compensation you deserve. Many people who were victims of truck accidents learn that the cause of the truck accident was truck driver fatigue. Unfortunately, because of the nature of the trucking industry, driver fatigue is very common. Many truck drivers feel that they must make their deadlines on time and this may mean they go without adequate food or sleep. When this happens, the truck driver may choose not to follow the rules of the road so they can get what they are hauling to their destination. All it takes is one time for the truck driver to take a “micro nap” on the road or become too fatigued to pay attention to their surroundings. When this happens, the team at Rasmussen & Miner knows everyone else on the road around the truck driver is put in danger. Determining Who Is at Fault in This Type of Accident After a truck hits you, you likely think the easy answer is that you will file a claim against the truck driver because they would be responsible for your injuries. This is not necessarily the case. It is important to work with a truck accident lawyer in Salt Lake City, UT to help you get to the bottom of who is responsible for your injuries after a truck accident. That said, you may not necessarily be filing a claim against the truck driver, even if they were driving fatigued. Another party, like the trucking company, may be responsible for paying out compensation in certain situations.