Truck Accident Lawyer – Understanding the Types of Damages You May Recover
If you have been injured in a semi-truck accident, you may have questions about the types of damages that you may be able to recover. If you were not at fault, you may be able to collect compensation for your injuries based on human error or negligent action on the part of a trucking company. In addition, your case will likely be complex, because you may have suffered permanent disability or disfigurement. In the most serious cases, you may even have been killed in the crash. In any of these situations, it is essential to hire a truck accident lawyer in Kansas to fight for your rights.
Damages you can collect after a semi-truck accident
There are many ways to determine liability in a truck accident. The trucking company may be partially responsible for the crash, but that doesn’t mean it’s out of the question to file a claim. As a driver, you may be liable for your own car’s damages, and if the trucking company wasn’t at fault, you may be able to collect additional damages from them.
Evidence at the scene
There are many types of evidence that can be collected at the scene of a truck accident. These can range from the vehicle’s “black box” recording device to dash camera footage. Photographs of the crash site can also be useful. In addition, documents from the trucker’s employment history, driving record, and training records can be useful. Even security footage can reveal clues about the driver’s actions before the accident.
Human error as a cause of the accident
The vast majority of truck accidents involve human error. Drivers are under a great deal of pressure to meet deadlines and to make delivery on time, and the lack of adequate rest can cause crashes. Drivers are also less alert when tired, leading to slower reactions and lowered judgment. Whether the truck was driving at high speed or braking suddenly, the drivers involved in an accident must always be aware of their surroundings.
Negligence on the part of the trucking company
A semi-truck accident can occur when the company that owns the truck is negligent in some way. Negligent hiring and retention of drivers are two common examples. In the case of negligent hiring, the company kept an unqualified or unsafe driver on their truck. Federal Rules for commercial vehicles, drivers, and trucking operations are very specific. Holding the company responsible for negligence can help prevent future accidents. The company should train its drivers to avoid a lawsuit.
Logbook fraud by the trucking company
The most common reason truck drivers falsify their logbooks is to maximize their monetary gains. In addition to the fact that the longer the truck driver drives, the higher the pay per mile they will earn. Similarly, trucking companies may offer bonuses to drivers who meet their deadlines. Consequently, the faster a truck driver is, the more cargo they will be able to take. But what happens when a driver tries to hide his or her logbook fraud?
Spoliation of evidence by the trucking company
A letter stating that evidence has been spoliated is an important part of a truck accident case. Without one, a truck collision case will not be able to proceed to trial. A spoliation letter will advise any opposing party to preserve evidence and keep it in a safe place. This evidence can be used to prove whether the trucking company was at fault for the accident, or whether the truck driver was at fault for it. Tampering with evidence can ruin the claim and result in a dismissal of the case.