Motor vehicle accidents involving tractor-trailers and other large trucks often cause significant damage. A person who sustains injuries or other losses from a truck accident will likely have several questions about his or her rights and legal options for recovery. Anyone injured in a truck accident should ask these questions to determine the best next steps.
Who Is at Fault?
One of the most important factors in a truck accident is fault
. If one driver, several drivers, or multiple parties bear liability for a truck accident, they are responsible for the resulting damages. When a person suffers injuries in a truck accident, he or she may file an insurance claim to recover medical expenses and other losses. An injured claimant’s insurer will want to know if any other parties bear liability for the claimant’s damages, and the insurer may pursue legal action against the at-fault party to recover the amount paid toward the claimant’s compensation.
In some cases, it may be more beneficial for an injured party to file a personal injury lawsuit against an at-fault driver, especially in cases in which the injured party’s damages exceed the scope of any available insurance coverage. In other cases, a claimant’s fault for a claimed event may come into play. Many states follow comparative negligence laws that limit a plaintiff’s recovery if he or she bears liability for claimed damages. A plaintiff’s comparative negligence in a truck accident claim could diminish the claim’s value, resulting in less compensation for the plaintiff, in proportion to his or her percentage of fault for the incident.
How Much Is My Claim Worth?
If your truck accident claim falls within the scope of your insurance coverage or an at-fault driver’s insurance coverage, you will need to supply evidence of the extent of your claims
and their eligibility under the policy in question. If you pursue a personal injury lawsuit for your truck accident damages, you will need to provide clear evidence of not only the extent of your losses, but also proof that the defendant is directly responsible for those losses.
Insurance will generally cover a claimant’s medical expenses and property damage, and additional coverage types may also apply depending on the specifics of a claimed event. If a claimed truck accident escalates to a personal injury lawsuit, the claimant will need to offer evidence of his or her economic and non-economic damages. Economic damages can include medical expenses, lost income, and property damage. Non-economic damages generally include pain and suffering compensation, and different courts use different methods for calculating pain and suffering damages in civil claims.
Do I Need a Lawyer?
A truck accident may result from the actions of one negligent party or several. It’s also possible for a defective product or the negligence of a third party to lead to a truck accident. An injured driver may not know the best course of action for legal recovery, and a reliable truck accident attorney
will be a great asset in this situation. An attorney can help with insurance issues and build a strong case for a personal injury lawsuit against a negligent defendant or group of defendants. In the case of multiple defendants, a plaintiff’s attorney can consult with experts to determine each defendant’s level of liability for the plaintiff’s damages.
An attorney in a truck accident case can help an injured client maximize his or her recovery. Trucks are some of the largest vehicles on the road, and truck accidents typically lead to serious injuries, expensive property damage, and sometimes loss of life.
Victims of truck accidents should handle their immediate medical concerns after experiencing these incidents and then consult experienced attorneys about their legal options.