A Comprehensive Guideline to Truck Accident Lawsuits
When a commercial truck and a regular car get into an accident, the results are often very bad. Accidents that cause serious injuries or death happen often in any area. Most of the time, the people in the smaller car are the ones who get hurt. In many of these cases, any law firm can help truck accident victims get justice.
Truck accidents can result in serious injuries or fatalities, leaving victims and their families with significant physical, emotional, and financial burdens. Understandably, you might be wondering if you have legal options after being involved in a truck accident. This article will discuss truck accident lawsuits and what you need to know to pursue legal action.
Determining Liability in a Truck Accident
The first step in pursuing a truck accident lawsuit is determining who is liable for the accident. Liability may rest with the truck driver, the trucking company, the truck manufacturer or its parts, or other parties involved in the accident.
Truck Driver Liability
Truck drivers must operate their vehicles safely and follow traffic laws. Damages or injuries resulting from a driver breaching this duty may be held liable.
Common examples of truck driver negligence include:
- Drunk or drugged driving
- Driving while distracted, such as texting or talking on the phone.
- Too fast driving or speeding
- Failure to maintain a truck properly
- Violations of working hours
- Risks associated with trucking companies
Trucking companies can be held liable for accidents caused by their drivers if they were negligent in hiring, training, supervising, or monitoring them. Additionally, trucking companies may be responsible for accidents caused by negligent maintenance, overloading or improperly loading cargo, or other violations of federal regulations.
If a defective truck or its parts cause an accident, the manufacturer of the car or its features may be held liable for injuries or damages resulting from the accident.
Types of Truck Accident Lawsuits
There are several types of truck accident lawsuits, including:
Negligence Lawsuits: These lawsuits are based on the idea that the truck driver or another party acted negligently, or failed to take reasonable care, resulting in the accident.
Product Liability Lawsuits: These lawsuits hold the manufacturer of the truck or its parts responsible for defects that caused the accident.
Wrongful Death Lawsuits: These lawsuits are filed by the surviving family members of someone killed in a truck accident.
Workers’ Compensation Claims: If the truck driver was injured, they might be eligible for workers’ compensation benefits.
Statute of Limitations
There’s a statute of limitations for filing a lawsuit after a truck accident. This means there is a limited amount of time to file a lawsuit, typically between one and two years from the date of the accident, depending on the state. Please fill within the statute of limitations to avoid the case being dismissed.
The Importance of Hiring an Experienced Truck Accident Lawyer
It can be challenging to navigate truck accident lawsuits, especially if you have suffered severe injuries or lost a loved one. Hiring an experienced truck accident lawyer can help ensure your rights are protected and that you receive the compensation you deserve. A lawyer can also handle negotiations with insurance companies and represent you in court if necessary.
Compensation for Truck Accident Lawsuits
If you win your truck accident lawsuit, you may be entitled to compensation for the following:
Medical Expenses: This includes the cost of past and future medical treatment related to your injuries.
Lost Wages: If you cannot work due to your injuries, you may be entitled to compensation for lost wages.
Pain and Suffering include physical pain, emotional distress, and other non-economic damages.
In some cases, the court may award punitive damages to punish the party responsible for the accident.