Can I Sue For Being Hit By A Truck? | Trucking Accident Lawyers
This article can help you answer or explain the following topics on Truck Accidents:
- Can you sue for being hit by a semi truck?
- Who is liable for your truck accident?
- Damages arising from truck crashes
- Examples of economic damages
- Types of non-economic damages
- A commercial car hit me, now what?
Large truck accidents killed 4,014 individuals in 2020. Of those who lost their lives, fifteen percent were truck occupants, 68 percent were in passenger vehicles, and the remaining 16 percent were either bicyclists, pedestrians, or motorcyclists. Sadly, 28 percent more people lost their lives in truck crashes in 2020 than in 2009 (the year it was the lowest since fatal crash data collection started in 1975). Additionally, the number of truck occupants who lost their lives was 35 percent more than in 2009.
If you or someone you love suffered severe, catastrophic, or fatal injuries after being hit by a truck, you have legal rights. One of those rights is to file a claim for compensation. If you don’t receive a full and fair settlement offer, you have the right to file a lawsuit to collect compensation. To help you navigate this often complex and lengthy process, it’s in your best interest to hire an experienced truck accident attorney.
Can I Sue For Being Hit By A Semi Truck?
You certainly have the right to file a lawsuit seeking compensation for your damages after being injured in a semi-truck accident. Truck crashes can cause horrific injuries and high-dollar damages for which victims and their families deserve compensation.
However, before filing a lawsuit, you typically must file a claim with the at-fault parties’ insurance company. Depending on the specific details of your case, they may or may not offer you a settlement. If you have hired a truck crash lawyer, they can help negotiate a fair settlement with the appropriate parties. If they fail to offer you such a settlement, your next option is to file a lawsuit to seek a court award for compensation.
Who Is Liable For Your Truck Accident?
Truck crashes are legally complex, partly because multiple parties might be at fault. When more than one party is to blame, they often tend to point fingers at each other, making it even more challenging to reach a settlement agreement between all involved parties. Potentially liable parties in a truck accident include:
- Truck drivers
- Trucking carriers
- Other vendors
- Cargo shippers and loaders
- Truck and truck parts manufacturers
- Government entities and their contractors
Some truck drivers behave negligently, for instance, by speeding or driving while fatigued or distracted. Truck drivers are also responsible for inspecting their trucks to ensure proper maintenance or cargo loading.
Truck companies are responsible for the vehicles and drivers it puts on the road, including hiring and training policies. Suppose they don’t perform thorough pre-employment checks, they could end up hiring truck drivers with poor driving records. And, those records may include DUIs or a history of breaking federal rules surrounding driving a big rig.
Depending on the size of a truck carrier’s business, there may be vendors involved that take on outsourced work, such as administrative duties, like recruiting truckers or completing background checks, or truck maintenance, repair, and dispatching work. Vendors can also complete any part of fleet operations. Any of these vendors can be held liable if their negligence contributes to a truck accident.
Cargo Shippers And Loaders
The cargo’s originator, shipper, loader, and transporter – are each responsible for applicable federal and state regulations. If they fail to follow them, they might be held for any injuries they cause.
Truck And Parts Manufacturers
Tire blowouts, problems with the steering or coupling (kingpin) systems, and brake failures can all be caused by defective trucks or parts. Sometimes truck accident claims turn into product liability claims if the manufacturer or distributor has liability for causing the accident.
Government Entities And Their Contractors
Sometimes roadway hazards, including soft shoulders or broken pavement, can cause or contribute to a big rig crash. In these instances, the local or state government entity responsible for that stretch of highway can be held accountable for any negligence. Additionally, negligent maintenance contractors hired by government agencies could be held liable if they performed defective work that resulted in an accident or if they set up a work zone that contributed to truck crashes.
Damages Arising from Truck Crashes
Compensation in personal injury claims, such as one resulting from a truck crash, is based on the injured party’s damages. Damages are a financial representation of the losses, changes, and inconveniences a victim, and sometimes their family suffers due to the actions of the negligent party. Damages can be economic and non-economic.
Examples Of Economic Damages Include:
- Lost wages and income
- Property damage
- Medical expenses
- Legal fees and expenses
Also known as special damages, economic damages are relatively simple to calculate as they generally have bills, receipts, or other types of proof of value.
Non-economic or general damages can be more challenging to prove as they don’t typically have evidence of their exact value.
Types of Non-Economic Damages Include:
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Loss of a body part or bodily function
- Loss of consortium
- Loss of enjoyment of life
A full and fair settlement offer should account for both economic and non-economic damages. By working with an attorney, you can maximize your compensation.
A Commercial Truck Hit Me, What Now?
If you have been hurt by a commercial truck, an attorney can help you pursue a settlement or file a claim in court. To be connected with a qualified lawyer near you, call us now or you may fill out our contact form. Once it is submitted, an attorney will contact you within 10 minutes to discuss your case.