I'm aware of the percentage at fault thing ... it's a relatively new scam (considering the history of insuring drivers). The insurance companies have lobbied to make it legal to charge each driver with partial fault regardless of who actually caused the accident. The percentage thing is very arbitrary when you analyze it. How do you determine 30% fault of an accident? Answer ... you can't!
Even with this incident, there's no scientific way to say the truck driver was actually speeding, and thus 5,10, 15, 20, 30, 40% at fault. Although it does "appear" that the driver was going faster than the posted speed limit for that street, there's still no proof that he was. Think of it this way ... 5 seconds earlier and no accident, therefore the truck driver should be held accountable for not arriving at the point of impact sooner? That doesn't work for me.
In reality, the percentage thing is not about fault, but how the insurance companies can avoid paying the full bill for one of their client's mistakes. It saves them money (big money) in the long run.
It's a slippery slope where the insurance companies will eventually be able to say the victim is 100% at fault for owning and driving a car. That sounds sarcastic, but I'm not far off from their ultimate goal.
