Filing A Truck Accident Lawsuit

There are a handful of factors to consider when deciding whether to sue after a truck accident. These include injury severity, fault, available insurance and assets, and the amount of compensation you are seeking.

Here are some question a person should consider before filing a truck accident lawsuit:

• What are my injuries?
  If injuries are less than severe, a truck crash victim may not be able to recover enough compensation to justify the cost of litigation. However, if the injuries are serious, like a Traumatic Brain Injury or a herniated spine, the amount of compensation owed is likely to be significant.
• What are my damages?
  Damages are the monetary losses that a victim incurs as a result of the accident. They can include things like medical expenses, lost wages, pain and suffering, and property damage. If damages exceed policy limits, a lawsuit should be considered.
• What is the financial viability of the defendant?
  This is an important question to consider, as it affects the chances of a victim recovering compensation. If the other party does not have any money or assets, a victim may not be able to collect on a judgment even if they win their case. However, trucking companies usually have significant assets.
• What are the laws in my state regarding truck accidents?
  The laws governing truck accidents vary from state to state and affect victims’ rights and options. For example, some states have laws that allow injured truck accident victims to recover punitive damages, which are damages that are intended to punish the wrongdoer rather than compensate the victim.

To win a truck accident lawsuit, an injured victim must prove negligence by the trucker or another third party. In a truck accident, negligence is the failure on someone’s part to exercise their “duty of care.” To say it another way, a person failed to take reasonable action to avoid harming others. To prove negligence, it must be demonstrated that a duty of care was owed to the victim, that this duty was breached, that the breach caused injuries, and that the injuries caused the victim financial losses. The following are types of negligence that often factor into truck accidents:

• Driver fatigue, violation of hours-of-service regulations.
• Speeding.
• Inattention, distracted driving
• Alcohol or drug impairment.
• Mechanical failure due to poor maintenance, defective parts, tire blowouts.
• Improper passing or merging, failure to yield right-of-way.
• Improperly loading or overloading the truck, leading to stability issues.
• Failure to properly train drivers or supervise their behavior.

Experienced truck accident lawyers conduct thorough crash investigations that get to the bottom of what happened – even if the other party doesn’t cooperate. They gather evidence such as photographs, dash cam, traffic, and security surveillance video, and police reports. They can inspect the truck and any other vehicles involved in the accident to look for signs of mechanical failure or other problems. A knowledgeable attorney will interview people involved as well as witnesses and review trucking records like driving history, logbooks, and any other relevant documents that may reveal negligence.

Truck accidents can cause serious injuries, including death, and the victims of these accidents may be entitled to compensation for their medical expenses, lost wages, and pain and suffering. To protect their health and finances, an injured truck accident victim must collect maximum compensation. Many people choose to have a truck accident lawyer with a winning track record handle their case. After all, studies show that, on average, people who consult attorneys recover more damages than those who do not. Even after the lawyer is paid, the victim who got a consultation still comes out ahead.

If you have been injured in a truck accident, you need to act fast. There is a statute of limitations for filing a truck accident lawsuit, and you only have a certain amount of time to file your claim. Truck accident lawyers typically work for a contingency fee. That means there is no money down and no out-of-pocket expense for their services. And if they don’t win, you don’t pay.

To learn more about your legal options, schedule a free consultation with an experienced truck accident attorney in your area. They can review your case, answer your questions, and discuss your legal options at no charge.