It depends on the degree of fault between the commercial truck driver and the other motorist. Under the California legal doctrine known as "comparative negligence," the amount of a party's liability for the accident is determined by comparing his or her carelessness with that of the other party. That party's portion of liability determines the percentage of the resulting damages he or she must pay. Interestingly, in most states besides California, a person can't recover anything if his/her own carelessness was 50% or more responsible for the accident. California allows recovery beyond the 50% mark; so a person in California can be 85% at fault and another driver 15% at fault.
Mark C. Blane is a San Diego Commercial Vehicle Accident Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Firm dedicated to representing families of people injured in trucking accidents. If you or a loved one has been killed or injured in big-rig accident in San Diego, please order your free copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information that will help you protect your legal rights and it normally sells for $16.95. However, it is free to all California residents, or those injured in an California accident.