Many truck accident victims have never been in an accident and are unsure where to begin. At Crosley Law, we understand how stressful the aftermath of a truck accident can be, particularly if you or a loved one was seriously injured. You should read this before contacting the insurance company or accepting a hasty payout. We’ll go through the basics of a truck accident claim and how you may improve your chances of winning.
Getting to Know Truck Wreck Law
Most truck accident injury claims are based on fault. While it’s natural to argue that someone was negligent if they behaved carelessly, the legal definition of negligence encompasses much more than making a mistake. To win a claim for commercial vehicle carelessness, you must show few things.
A duty of care was given to you by the truck driver, trucking firm, or other party, such as a requirement to drive safely and respect ‘ traffic laws. Your injuries were caused by the at-fault party’s breach of this duty of care. As a result of your injuries, you sustained losses such as lost wages and pain and suffering. You will not be entitled to compensation in a personal injury claim unless you can show each of these criteria.
A truck accident lawyer can assist you in gathering information that chronicles your injuries, pinpoints the cause of the incident, and establishes your damages in order to prove your case. Medical documents, evidence of lost income, police reports, and expert and eyewitness testimony are usually required in this procedure.
Truck accident personal injury claims are notoriously difficult when compared to vehicle accident personal injury claims. Let’s look at some of the issues that might affect your legal claims after a truck accident.
If a commercial vehicle hits me, who pays for my truck wreck injuries?
After a vehicle accident, many victims concentrate on the at-fault motorist. This makes sense since is a fault-based state, which means that the irresponsible party’s insurance company is usually liable for the victims’ injuries. Multiple parties may have contributed to your injuries in a truck accident lawsuit, including:
- If a truck driver caused your accident, they or their company may be held accountable for your injuries.
- Employers are usually liable for their workers’ behavior; they might face lawsuits for negligent hiring, coercion (if they compelled a driver to breach the law), or poor vehicle maintenance.
- When loading trucks and trailers, companies may cause crashes by overloading or inadequately packing the goods.
- If the collision was caused by a faulty or hazardous vehicle or item, you may have product liability claims against the manufacturer, distributor, and/or retailer.
- Bars and restaurants may be held liable for dram shop liability if they intentionally overserve an intoxicated driver.
- Each of these parties has their own insurance policy, and you can guarantee they’ll pay their own defense attorneys and attempt to pin the blame on someone else if they cause a collision.
What if I was a passenger in a commercial vehicle when it was involved in a collision?
It’s very possible to get injured as a passenger in a business vehicle, whether you’re travelling in a work truck with a coworker. Who pays for your injuries is determined by your job status and whether you are working? It’ll most likely be a workers’ compensation or vehicle insurance policy.
If you and the driver are both on the clock and coworkers, you should be protected under the same workers’ compensation plan. You may be able to file a claim against the at-fault driver’s insurance if the accident was not your driver’s fault. Get the help of an expert attorney from Injury Advocates Group and you will be able to get your compensation without a problem.