What to Know if You Have Been Involved in a Truck Accident
After suffering any type of personal injury, you can face potential legal challenges. However, the hurdles in a truck accident case can be particularly challenging due to the severe nature of these accidents and the amount of money potentially at stake. You likely do not know much about the legal process, which can put you at a significant disadvantage without the right professional assistance.
If you have suffered injuries in an accident with a semi-truck, you should contact a truck accident lawyer to learn more about your case and your potential pathways to financial compensation.
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Truck Accident Claims Can Be More Challenging
Truck accident lawsuits are usually more complex than other motor vehicle accident claims. First, there are more sources of evidence you can use to prove your case. Not only can your truck accident lawyer use physical evidence from the accident scene, but they can also obtain evidence from the trucking company. This evidence can include:
- Readings from the truck’s event data recorder (black box) that reports what actions the truck driver took before the accident
- The employment and safety records of the driver involved in the accident
- Maintenance and inspection logs from the truck
- Reports from the driver’s electronic logging device on the day of the crash
An attorney must act quickly to direct the trucking company to preserve this evidence. Otherwise, they may overwrite the black box data or somehow manage to lose the evidence you need for your case. Without quickly hiring a lawyer, you might not gather enough evidence to prove negligence and liability for the crash.
You Need to Prove Negligence to Win Your Case
To get money for your truck accident injuries, you must show that someone did something wrong in the circumstances that led to the crash. You have to prove that someone else was negligent to win your case. In a truck accident case, there are four elements of negligence, and you need to prove all of them to succeed.
The elements are as follows:
- Someone else owed you the duty of care
- They failed to uphold their duty of care by doing something unreasonable under the circumstances
- You suffered an injury
- You would not have suffered an injury had it not been for the actions of the other party
You meet your burden of proof by providing evidence that backs up your claims of negligence on the part of the truck driver, trucking company, or other related parties. It can be quite difficult for you to assemble such a case on your own. Thus, it is crucial to obtain the services of a truck accident lawyer to represent you.
You Can File a Lawsuit Against the Trucking Company
In many cases, you can sue the trucking company for your injuries, as the truck driver is an agent of the trucking company. There is a legal principle that an employer is responsible for the actions of their employees that happen on the job. This outcome is often the most favorable because you can access deeper pockets. Not only does the trucking company have a large insurance policy (which must be at least $750,000), but it also has assets you can tap into if you win a judgment against the company.
There May Be Multiple Liable Parties in Your Case
The truck driver may not be the only one who is responsible for your injuries. There may be multiple responsible parties, and you can sue all of them. Each one may be jointly and severally liable for your injuries.
Potentially responsible parties may include:
- A company that made or sold a defective truck part
- A government agency that failed to design or maintain a road in reasonable condition
- A third party who loaded the cargo onto the truck
- A third party hired to provide maintenance for the trucks
Your truck accident lawyer can perform a full investigation and determine who should be liable for your injuries. It is in your best interest to pursue every possible defendant for compensation, which is difficult – if not impossible – on your own.
Your Truck Accident Case Can Be Worth a Lot of Money
Not only is there more available insurance to cover your damages, but you might also seek more money because your injuries are worse than in an average motor vehicle accident. A fully loaded tractor-trailer can weigh as much as 80,000 pounds, which likely outweighs your vehicle by many multiples. The force unleashed in the accident can cause severe and often life-changing injuries.
Your compensation is directly tied to the nature of the injuries that you have suffered. Since you likely have serious harm from the truck accident, you are likely entitled to more money.
You Need an Experienced Truck Accident Lawyer
With so much at stake, you must pull out all the stops to fight for all the money you are due. It is difficult to speak up and fight for yourself when you are up against powerful interests. A truck accident lawyer can level the playing field between you and a large insurance or trucking company.
When you hire a truck accident attorney for your case, they may do the following:
- Investigate the accident and obtain the proof that you may need to qualify for a settlement
- Work with expert witnesses to learn the scope of your damages and the amount of money you may seek
- Communicate with the insurance company on your behalf
- File a lawsuit on your behalf while continuing to build your case through the discovery process
- Negotiate a full and fair financial settlement on your behalf
If you have not already made the call, get legal help immediately from a truck accident lawyer. If you are not in the physical condition to contact a truck accident attorney, have a family member do so on your behalf. It never costs you anything out of your pocket to hire a truck accident lawyer, and you do not need to pay anything unless you win your case, either in front of a jury or by receiving a settlement.
There is no reason to wait to schedule your free case evaluation today.