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Truck Accident Lawsuits and Compensation

Accidents involving trucks are gory. Getting run over or into by an 18-wheeler, big-rig or semi-truck can cause serious bodily harm and prove fatal in certain cases.

Truck crashes leave victims with broken limbs, fractured skulls, injuries to the spinal cord, PTSD, etcetera. Most families have equally been bereft from losing a loved one in a trucking accident.

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Truck Accident Lawsuits and Compensation

Accidents involving trucks are gory. Getting run over or into by an 18-wheeler, big-rig or semi-truck can cause serious bodily harm and prove fatal in certain cases.

Truck crashes leave victims with broken limbs, fractured skulls, injuries to the spinal cord, PTSD, etcetera. Most families have equally been bereft from losing a loved one in a trucking accident.

Besides the physical, mental or emotional damages are the financial implications of being a truck accident victim. Savings pour into offsetting medical bills, wages are lost, and the bereaved incur further expenses burying and holding a funeral for their loved ones.

Therefore, victims or relatives must understand their legal rights to file claims against the wrong party in the accident. Individuals who have been in a truck accident can file a claim with the help of a lawyer and receive monetary compensation for the hardship brought on by the accident.

Have you been involved in a truck accident or lost someone to onet? You can file a claim and receive compensation for your troubles. 

Stick to this article to learn more and discover how to go about it. 

Getting Injured from Truck Accidents

Truck accidents often leave a lasting mark on the body or psyche of their victims, and there are several such victims across the United States. 

These accidents are harmful primarily due to the size and weight of trucks. At full speed, there’s no telling the havoc they could wreck, which is often fatal.

Accidents involving 18-wheelers, tractor-trailers, big rigs and other commercial trucks are often worse when the victim is in a smaller vehicle. Passenger-type cars, weight-wise, don’t tally trucks. 

Thus, the former facing impact from a big rig can prove catastrophic most times.

People involved in truck accidents can sustain varying injury types. 

Some of them are life-changing, but regardless of the severity, such injuries stay with the victims for a while, if not for life.

Notable truck accident injuries include: 

  • Concussion
  • Fractured bones
  • Spinal cord injury
  • Brain injury
  • Amputated limbs
  • Back Injury
  • Head and neck injury
  • Whiplash
  • Wrongful death

Regular Causes of Truck Accidents

In 2017, over 4100 people died in truck accidents. Undeniably, this is a terrible number for one year, and sadly, the figures don’t improve in subsequent years. 

With many victims dead, a more significant number of persons sustained life-altering injuries for which they’re probably still receiving therapy.

Why are these unfortunate occurrences common?

Truck crashes occur due to several reasons. However, driving while drowsy or fatigued appears to be the most common cause.

For context, over 100,000 accidents can be attributed to drivers sleeping behind the wheel yearly. 

This occurrence accounts for about 1500 deaths and 70,000 injuries. 

Additionally, the U.S Department of Transportation holds that about 28% of truck drivers could be suffering from sleep apnea which leaves them tired and exhausted during the day. The strenuous job of driving trucks for long hours worsens the issue.

Furthermore, the FMCSA found in a study that in truck accidents due to driver error, 44% involved those taking over-the-counter or prescription-only medicines. Also, they discovered that overspeeding accounted for 23% of the accidents.

Besides driving while drowsy and overspeeding, truck crashes can occur due to other causes, including:

  • Talking, texting or browsing while driving
  • Driving under the influence of alcohol or illicit drugs
  • Poor driving experience
  • Ill-tempered drivers and driving
  • Overloading and driving overloaded trucks on narrow roads
  • Negligence of traffic laws
  • Inability to see other cars due to a truck’s large blindspot
  • Not stopping for weight checks at weigh stations
  • Driving for long hours without taking a break
  • Defective tires

Truck Accident Lawsuits

Truck accident lawsuits provide an avenue for victims of trucking accidents to get financial compensation for what the accident has put them through. 

This lawsuit holds when the accident results from the truck driver’s impaired driving due to distractions, violation of state or federal laws, etc. 

Victims can get financial compensation to cover the following:

  • Treatment cost of injuries
  • Money spent on ongoing physical therapy
  • Lost wages due to disability
  • Pains inflicted by the injuries

Who Can File Truck Accident Claims?

For a truck accident case to stand, some components must be satisfied; otherwise, it can easily be disputed. 

Notable prerequisites include:

  • Genuinely being involved in a truck accident
  • The accident being the driver’s fault
  • Sustaining injuries from the accident

Once established, victims with personal injury can file a truck accident lawsuit. 

Since money may not be forthcoming following a truck accident and loss of income, filing a lawsuit is crucial in receiving due compensation. 

This settlement can settle medical costs, car repairs, and provide financial aid until the victim can resume work or start a new one.

Also, relatives of dead victims can file a wrongful death suit against the responsible party. Compensation from the lawsuit can help the family ease the tight economic situation imposed on them by the loss. 

Reasons to File Truck Accident Claims

Truck accident lawsuits allow victims to express their rights and sue the responsible party for settlement that tallies incurred losses. 

Victims of a trucking accident or their loved ones can initiate legal action against the truck owner, driver or manufacturer for the following reasons:

Harms Done

Injuries sustained by truck accident victims often bring unimaginable hardship to them in different ways. The harms are often severe and could result in them losing the ability to do certain things.

Injuries like brain and spinal cord trauma, fractures or severing of limbs, can create a lifelong medical need and dependence. They could also hinder the survivors from securing or performing optimally at specific jobs. 

Also, losing a relative to these accidents exposes their family to pain, hurt, loss and unplanned expenditure.

Given these pains and losses, you can file a claim and receive financial compensation. The issued settlement could help you recover from past expenses and have a reserve for future costs. 

State and Federal Law Requirements for Truck Drivers

Since trucks can inflict so much harm when involved in an accident, there are legal requirements laid down for manufacturing and driving trucks. 

The aim of this is to guarantee road safety for other road users and reduce the chances of an unfavorable occurrence.

These legal requirements demand a special conduct from truckers, as they drive for long hours traversing different locations. 

The high standards are also in place because of how destructive their vehicles can be. 

Government laws demand truck drivers and owners to do the following:

  • Maintain their trucks
  • Secure the loads they carry properly
  • Don’t drive when tired or intoxicated

Truck drivers involved in accidents often violate one or more legal requirements. 

Your lawyer can determine which was broken and use it to stir the case in your favor.

Getting Compensation for Truck Accidents

Compensation granted to truck accident victims or their loved ones after filing a truck accident lawsuit varies on a case-by-case basis. 

Different components are considered when negotiating the appropriate amount for each plaintiff. 

Thus, you’ll need a renowned lawyer who understands the ropes. Their skill and expertise will come in handy throughout the lawsuit.

Factors Affecting Truck Accident Compensation

To determine settlement, certain factors are thoroughly considered. 

Why? To ensure each person gets a settlement worth their losses. 

Compensation follows after careful determination of the following:

  • The seriousness of the injury
  • Treatment, therapy and ongoing care costs
  • Presence of temporal or permanent disability
  • Lost wages
  • Pain and suffering caused by the accident
  • Cost of repairing damages to property

On-the-job Truck Accident Compensation

Nobody knows when disaster will strike. It can hit while you’re at work going about your daily business. 

Thus, worker’s compensation exists to cover medical expenses and part-payment wages for employees who sustain injuries while on the job. 

This injury might be from a truck accident during work hours. 

Workers’ comp protects workers from pocket-draining lawsuits. It benefits injured employees while shielding their employers from being held liable under the law.

While worker’s compensation guards you from suing your employer for work-related injuries, you can file a third-party suit against another company or individual linked to the truck accident.

Third-party claims expand your legal options, enabling you to file lawsuits against the following:

  • Truck driver
  • Owner of the truck
  • Truck driver’s employer
  • Manufacturer of the truck
  • Manufacturer of defective parts installed in the truck

It’s your lawyer’s duty to present all these legal options to you and help you make the best decision legally. 

Therefore, hiring a revered lawyer is non-negotiable.

Lawyers Can Help With Truck Accident Claims

When filing a truck accident claim, you need a lawyer’s assistance. Lawyers will provide you with appropriate truck accident lawsuit information. Also, they’ll help out with other complicated aspects of filing a truck accident claim.

For instance, a truck accident lawsuit usually involves multiple defendants. The truck driver and the owner of the truck might be liable for a particular case if they’re two different individuals. 

Lawsuits can also involve the driver and manufacturer of the truck. 

Suppose a faulty part like tires causes the accident. In that case, the driver shares liability with the producer of that defective truck part.

An expert attorney will determine how each party can be held liable in a truck accident lawsuit. The lawyer will also assist in other aspects of the claim, including gathering essential truck accident lawsuit information and negotiating a pleasant compensation for you.  

Collecting Evidence Following a Truck Accident

Gathering evidence to build your case is essential to a truck accident lawsuit. 

To get compensation, you need rock-solid evidence to prove your defendant’s liability. 

This process also demands working fast as proof can fizzle away with time. Additionally, most defendants will do anything to hide evidence if it will help them avoid or bring down the amount they’ll pay as compensation. 

However, the FMCSA has set up regulations requiring trucking organizations to preserve evidence from truck accidents for a specific time.

Regardless, you must hire an experienced attorney to improve your chances of preserving all the necessary evidence. Doing this puts you in a better position to receive your due compensation. 

Evidence Forms Necessary for Truck Accident Lawsuit

An attorney knows the proper evidence to gather, and you’ll often see the following on the list:

  • Pictures of the crashed vehicle
  • Skid marks on the road surfaces
  • Statements from witnesses
  • Driver’s training and driving history
  • Driving license and qualification
  • Record of load and cargo
  • Bills of laden
  • Document stating hours logged in daily at work
  • Dispatch instruction
  • Expert testimonies
  • Trip envelopes
  • GPS and communication systems data
  • Drug and alcohol test results

Insurance or Truck Accident Lawyer?

  1. After a truck accident, who do you run to for assistance to get compensation? 

    Most victims, going by first instinct, are quick to run to insurance companies to turn in an insurance claim. 

    However, they’re not aware that insurance companies do all they can to ensure that victims receive the lowest compensation possible. 

    Regarding loyalty, insurance firms’ commitment doesn’t lie with truck accident victims. Instead, they may delay your settlement or withhold it if they can.

    All they consider are their pockets. Nothing more! 

    Thus, your best chance at getting total compensation is by filing a truck accident claim and getting a top lawyer to help out all the way.

Final Words

Truck crashes are dangerous. Numerous victims have sustained injuries that’ll affect them long-term. 

Some others couldn’t make it out alive, leaving behind bereaved loved ones. 

However, there’s hope in these unfortunate events. 

Survivors can file lawsuits against the truck driver, the trucking company and even manufacturers of defective truck parts if they’re at fault.

Filing suits attract financial compensation, which can help the victims cover medical bills and lost wages. It can also lessen the emotional hardship brought on by the incident. 

To file a successful truck accident lawsuit and achieve worthwhile compensation, you’ll need an experienced attorney. Your lawyer will help gather relevant evidence and ensure the trucking firm preserves vital evidence. 

They’ll evaluate and educate you on your legal options to make your decision easier.

It doesn’t end there. Your lawyer will negotiate with the defendant, ensuring you receive what’s due to you. 

Interestingly, payment for their services often comes after winning the case.

See If You Can File

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