Collisions involving trucks with semi-trailers occur on a daily basis. Due to the obvious difference in size between a car and a large truck, when traveling in a passenger vehicle, a truck collision often results in serious injuries. And when there is a fatality, the victims are almost always those in passenger vehicles. According to the Department of Transportation, approximately 500,000 of these traffic accidents occur each year in the US. With that in mind, here are four legal considerations you can explore with your truck accident lawyer before deciding to file a claim.
1. Who is responsible?
One of the first options to explore is whether you can establish employer liability. Determining liability answers the question of who was at fault. If the driver of the big truck is an employee of a trucking company, his attorney can bring a claim against the corporation itself, as long as the employee was acting within the scope of his employment when the incident occurred. It is also important that a detailed investigation is carried out at the accident scene to effectively establish liability, including taking witness statements.
2. What injuries were sustained?
In order to successfully bring a claim against a responsible party, you must show that you suffered physical injury as a result of the accident. If you cannot prove bodily harm, then your claim cannot result in a money judgment intended to compensate you for your injuries. You must also prove that these injuries were the direct result of the truck collision and not your fault. Your truck accident lawyer can help you by starting the investigation and establishing both liability and damages immediately after the incident.
3. Is there money available if your claim is successful?
Once you establish liability, you can take a look at the alleged party at fault and make sure they have the means to pay for the damages suffered. For example, if you are able to establish that the semi-trailer company is at fault, it is important to know if they have adequate insurance coverage to pay for the damages. If the at-fault party is unable to pay, another option might be if you have coverage under your individual insurance policy to cover accidents resulting from uninsured drivers.
4. Can you settle?
An additional option to discuss with your truck accident lawyer is to seek an out-of-court settlement instead of going to trial. If you have established liability and the at-fault party offers to compensate you without having to deal with the stress and expense of a trial, a settlement may be a valid option. On the other hand, if you are not offered a fair settlement, it may be worth going to court. Ultimately, your lawyer should help you recover compensation for the full extent of your injuries, your medical bills, any lost wages, as well as any pain and suffering.
With these considerations in mind, you and your truck accident lawyer can effectively explore the best options for your specific case.