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Can I File a Claim for Truck Accidents?
If you have been injured in a commercial truck accident, you might be wondering whether or not you can file a claim. In this article, you will learn about the types of injuries resulting from commercial truck accidents, who is liable for trucking companies, and the damages you can seek through a claim. Also, you will learn about some of the common causes of commercial truck accidents and how you can maximize your chances of recovering compensation.
Injuries from commercial truck accidents
Although fatalities in a semi-truck collision are rare, the injuries sustained by those in a small passenger vehicle are very real and often debilitating. The back is particularly vulnerable to injury and the spine is protected by vertebrae and discs. When discs are injured, they may leak, bulge, or herniate, resulting in a painful spinal cord injury. Survivors can suffer severe pain and even brain damage, which is why it’s important to contact an experienced truck accident attorney right away.
Liability of trucking companies
In a commercial truck accident, the trucking company is generally held liable. This is because the company failed to check the truck for defects or improperly loaded the cargo. If the trucking company negligently entrusted the driver with the rig, it can be held 10 percent at fault. However, it can also be held liable for the driver’s actions if he is drunk or impaired on drugs.
Damages that can be recovered in a claim
It is important to remember that commercial truck drivers are agents of their employer, and as such, they may have more insurance coverage than a private individual. This makes the principal/employer liable for the driver’s actions while working for him. This principle is called vicarious liability, also known as respondeat superior liability. Nonetheless, you may be able to recover damages from the other party if you can prove that they were negligent.
Common causes of commercial truck accidents
Distracted driving is one of the most common causes of commercial truck accidents. Sadly, millions of drivers are not paying attention to the road in front of them. This can be due to a cell phone, playing with the radio, or eating or drinking while driving. Impaired and drowsy driving are other common causes of truck accidents. These behaviors impair the ability of a driver to navigate the vehicle safely and may cause an accident.
Steps to take after a truck accident
After a truck accident, you should get insurance information from the other driver and exchange contact information. Take photos and note down the location of the accident. Try to identify any witnesses to the accident and exchange contact information with them. If possible, do not argue with the truck driver. Any statements you make could be used against you in court. Follow these steps after a truck accident to protect your legal rights. Follow the steps below to file a claim for personal injury or property damage.
Contacting a lawyer after a truck accident
As soon as possible after a commercial truck accident, you should contact a lawyer to help you determine the best course of action. The trucking company will likely fight the injury claim, delay dealing with it, or try to blame the victim. It is important to contact a lawyer immediately, even if you believe the accident was your fault. If you were not at fault, you should not be forced to accept any settlement offer.
