Big Rig Accident Injuries and Compensation
Getting any type of road accident is devastating. It’s even worse when you are dealing with a big rig. Larger vehicles are very heavy, with powerful engines. So, if they hit you, you are going to be facing significant problems. Here are some of the things you need to know if you are involved in a big rig accident.
Should I Sue the Truck Company?
Let’s start with one of the biggest questions that you will face. Should you sue the truck company? In most cases, the answer will be yes. Understandably, this can be nerve-racking, due to the size of the legal team they employ. But because of the damages caused by a big rig accident, it’s unlikely that your insurance company will be able to adequately cover the costs. Because of this, you will need to sue to get the compensation you deserve.
You can’t allow their teams of lawyers to intimidate you. If you have been negatively affected by the accident you have every right to claim compensation. Often, suing will be the only way to get them to provide the money. That’s why it’s vital to have an experienced semi-truck accident lawyer by your side.
What If the Trucking Company Claims I Was at Fault?
One of the biggest issues that you will face is the trucking company claiming that you are at fault for the accident. This can prove to be a problem, potentially reducing the amount you receive. For example, if the judge rules that you contributed to the accident, they might cut the amount you receive accordingly.
It’s up to your legal team to help prove that you weren’t to blame. This will often require a detailed investigation of the accident scene, to find out what caused the crash. It can also involve gathering evidence, like videos of the crash and testimony from witnesses. Often, your lawyers will need to bring in experts.
Complications of a Big Rig Accident Lawsuit
One of the reasons why these lawsuits can be so complex is that the investigations can show that multiple parties were at fault for the accident. For example, the truck driver might have been fatigued and failed to brake soon enough. Poor tires or a mechanical fault might have contributed to the incident. It’s also possible that the goods might have been improperly loaded. This can provide grounds to sue the manufacturers.
Your lawyer will need to decide how you want to proceed in your case against multiple parties. You might want to sue them both. While this can increase your potential payment, it will add extra complications and make settlement talks more complicated. Your truck accident attorney will be able to help you determine the right approach for you.
Types of Damages You Can Claim
There are several types of damages that you will be able to claim after the accident. These can be broken down into two areas. First, you can have economic damages. These are things like hospital bills and repairs to your vehicle. If you had a lifelong disability, you will be able to claim long-term treatment. To claim these, you need to make sure that you are keeping the invoices and records of making payments.
The second area you can claim for is non-economic damages. This includes the pain and suffering that the accident caused. You can also sue for loss of enjoyment if you were hurt by an accident.
Sometimes, you will lose a loved one. In these tragic circumstances, you will be able to sue for the funeral costs and loss of consortium.
Your lawyer will be able to talk you through the type of compensation that you can claim. This ensures that you will be able to get the highest possible lawsuit.
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When to Contact a Lawyer?
Some people think that they can get away without hiring a truck accident attorney. But this isn’t a good strategy. There are many techniques that the truck company will use to either deny your claim or reduce the amount that they need to pay you.
One of the most common is trying to claim that you were responsible for the accident. This limits their legal responsibility, so they won’t need to pay you anything. The onus will be on your team to prove that the accident was their fault.
Another common technique is to provide a settlement offer. While this can seem tempting, it is usually a lowball offer. If you accept it, you will lose your ability to sue the company for damages. As a result, you should be losing thousands of dollars. By having a semi-truck accident lawyer in your corner, they will be able to level the playing field so you get treated fairly.
It’s best to contact a lawyer as soon after the accident. This ensures that the events will still be fresh in your memory. It will be easier for your legal team to gather the relevant evidence to verify your version of events. Plus, these cases have the potential to get quite complicated, so it might take a little longer for your lawyer to prepare them.
How Will The Case Be Decided?
In most circumstances, these 18-wheeler accident lawsuits won’t end up in court. This is because of the expenses of going to court. Plus, the big rig companies don’t want the negative publicity. Usually, you will settle, with your legal team working to get you the best possible payout they can.
But sometimes, the truck companies won’t come to the table. Or they will insist on claiming that you were responsible for the accident, providing lowball offers. In this case, you need to get truck accident attorneys who are prepared to go into court to fight for your rights.
Get a Free Consultation
Being involved in a big rig crash can become a pivotal moment in your life. The experience is harrowing, and you can face a long recovery period. Thankfully, you don’t need to walk this road alone. Our team of truck accident attorneys will be beside you, fighting to make sure that you get the compensation that you deserve. So, give us a call and book a free consultation today.