Truck accidents are catastrophic and can leave the victim permanently injured. If you are going through a similar situation, you are entitled to compensation for all your financial as well as non-economic damages. Here are some of the most frequently asked questions involving truck accidents. Click here to get help from an experienced attorney if you are planning to file a claim for your injuries.
What should I do if I am involved in a truck accident?
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This is the most frequently asked question, and you must know the next steps after getting involved in a truck accident. If you got injured, the first thing you should do is call the police to create an accident report. This will prove to be helpful when you file a lawsuit against the truck driver or the trucking company. Once you are done calling the police, get immediate medical assistance by calling the paramedics. While the police and the paramedics are on their way, you should gather as much evidence as you can of the accident by taking pictures of your injuries and vehicle. If there are people around who witnessed the accident, get their names and contact information.
Who is liable for a truck accident?
Following a truck accident, while it may seem like only the truck driver is to be held liable, it is crucial to understand that there can be more parties who can be held liable. For instance, if you got into a truck accident due to the company’s negligence in maintaining the truck, you can sue the company. In some other cases, if the accident happened because of poor maintenance by the maintenance company, they can also be held liable for the accident. Determining who is responsible for the accident is not an easy task, however, if you have an attorney by your side, they will be able to spot the liable party and make them pay for your damages.
What damages can I recover after a truck accident?
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It is a fact that a truck accident will take a toll on your life significantly. Not only will you have to spend your days visiting doctors, but you’ll face a major financial burden. You may lose your ability to work, and if you were the only one earning in your family, it can also put a strain on the family. If you can show that you are not able to work and may not be able to work even in the near future, you are eligible for compensation for loss of wages. There are multiple facets to the kinds of damage one can suffer in a truck accident.
So, in addition to the economic damages, you can get compensation for intangible damages like pain and suffering or loss of enjoyment and quality of life. If the accident has affected your marital relationship, your spouse may also be able to get compensation for loss of consortium. In some cases, it is also seen that the truck accident affected the victim mentally, leading to severe depression and PTSD. Since these damages are not quantifiable, it won’t be easy for you to understand how much you should get as compensation. A seasoned attorney will have prior experience in this area and will be able to help you out with your compensation value.
What are the common causes of truck accidents?
Some of the most common reasons why truck accidents happen are because of distracted driving, driving when you are fatigued, and driving under the influence. Reportedly, accidents may occur if the truck and its components were poorly maintained by the owner or the trucking company. In the event that a tire blows out or the brakes malfunction, it can also lead to accidents. However, it should be noted that one cannot always blame the truck drivers for these kinds of accidents, as sometimes pedestrians are also at fault. If a pedestrian is crossing the road distracted, such as while texting and not paying any attention to the traffic lights, there is little to nothing a driver can do if the pedestrians appear in front of the vehicle suddenly.
What happens if there is compatible negligence?
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As we have already seen, truck drivers are not always to blame for accidents. In case you find out that you were partially responsible for the accident, it can affect your payout. In these cases, avoid speaking to the insurance companies alone, as they will try to get a written statement from you to shift the blame for the accident. They mainly do this to avoid paying you. Moreover, if it is established that you were 20 per cent to blame for the accident, you will likely get 20 per cent less than what you would have gotten had you not been responsible for the accident. Moreover, the insurance companies will try to get you to settle for a lowball offer if it is your fault as well. Get an attorney to do the work for you, they have years of experience handling such tactics of the insurance companies.
Final thoughts:
In the above blog, we have gone through the kinds of questions people most frequently have regarding car accidents. And as we have seen, there are multiple factors one should keep in mind if one wants to file a claim for the injuries and damages one suffered. While one can always choose to handle their accident claims alone, having an attorney by their side can strengthen their case. They can not only help you gather evidence but also determine the highest amount of compensation you can seek. Also, there is a good chance that you might miss out on important factors of the case that would determine liability and the value of the compensation.
Note that, following a truck accident, your clock is ticking. According to the statute of limitations, you can file a claim within two years of the accident. Do not delay; consult an attorney today.
