Roadways bring many dangers and hazards around every curve and turn of the lanes. Often, we put our safety in the hands of others, trusting they too will abide by all rules and regulations of the road. Any type of automobile accident is troubling and scary, but if involved in a trucking accident, it can add frightening enhancement to a collision or accident.
Transport vehicles, such as commercial tractor trailers are not only large in size but have an increased danger with the extreme amount of weight they carry. It’s no wonder why truck drivers are strictly governed by many laws and regulations which vary from state to state. There are many things to take into consideration when seeking the maximum financial compensation for your trucking accident.
Proving Fault of the Accident
As in any type of automobile accident, the party who is responsible for the accident involving a commercial semi-truck must be established. In some instances, even if you were partially at fault, you may still be able to file a claim for compensation. If found partially at fault, the amount of your claim is typically reduced by the percentage of fault you carry. For instance; If a jury awards your case $100,000 in compensation and you were 40% at fault, your final award amount would be $60,000. This is not always the case, but is a standard calculation based on statistics.
If there are no “at-fault” disputes in your case, you will then need to compile documentation and records to prove your financial losses. This includes photo evidence, medical bills and records, lost wages and pay stubs, vehicle repairs and statements from you and your medical professionals. If you have sustained serious injuries that are long term, it is important to keep a log of any progress and issues that may arise day-to-day when seeking financial compensation for your trucking accident.
An experienced trucking accident lawyer may find additional sources of compensation as many parties may share responsibility in the accident, this includes:
- Operating truck driver
- Trucking company or truck driver’s employer
- Truck leasing company or institution
- Cargo loading company
- Truck/truck part manufacturing company
- State or municipal road authorities
Truck Accident Policy Limits
Insurance policy limits can affect the amount of compensation you may receive after a trucking accident. Although all truck drivers are legally obligated to carry higher insurance limits than non-commercial vehicles, their insurance policies have limits as well. In some instances, the truck driver’s employer may be additionally responsible and held liable. Sometimes, if a truck driver’s insurance is insufficient in covering your medical and financial expenses, you can file a claim with your own insurance company. As mentioned before, parties fiscally responsible isn’t always black and white. The truck driver’s employer, cargo loader, lease owner or even the municipal highway authorities may carry some responsibility.
How to get Compensation
As with any type of automobile accident, you should NEVER admit fault or apologize at the scene of the trucking accident. Even apologizing after the initial accident can be taken as you taking responsibility. Furthermore, you should never ever speak with an insurance company on your own. You should contact an experienced personal injury lawyer as soon as possible. This will ensure you do not make any mistakes early on during the case that can be used against you later. Additionally, a seasoned auto accident attorney will most likely have a better understanding of local laws and regulations and experience in handling cases much like your own.
Time is of the essence, and your quick reaction in the beginning will aid in building the ultimate injury case. Consulting an experienced trucking accident attorney will help outline the steps and procedures during your case.
Contact Our Experienced Trucking Accident Lawyers
No matter the current situation of your trucking accident case, Justice Law Center has over 30 years of experience in fighting for the maximum financial compensation for our clients. We have built an extensive relationship throughout the community with medical professionals and experts to help build your trucking accident case and the track record to see it through to the end. Feel free to contact our experienced personal injury attorneys at (775) 289-4422 for a no-cost initial consultation!
Josh Nay is a writer and paralegal with over 10 years of experience in personal injury cases, family law and criminal defense.