Truck accidents are overwhelming for both the drivers and the passengers. While your health is the top priority, several legal matters are still considered when these collisions happen. In fact, it’s essential that you know the proper legal steps to take after what happened so that you’ll have higher chances of recovering the full amount you’re supposed to get from the insurance companies. If you’ve been in a truck accident, here’s what you need to consider from the get-go.
1. Evidence to prove your claim – Like other types of accidents, proving your case is vested upon you if you’ve been injured in the collision.
- Remember that proving your claim has something essential to do with the pieces of evidence you can present during the litigation. This evidence may be in the form of a police report, medical assessment and even testimonies of the witnesses.
- For instance, talking about liability means proving “negligence” as one of the leading factors to take note of when it comes to truck accidents.
- In proving your compensation claim, the following conditions should be present:
- The defendant or the trucking company has the duty of care towards the party injured. It means that the driver is obliged to provide some degree of safety to their passengers, pedestrians and even fellow drivers on the road.
- The defendant or the party at fault has breached that reasonable standard of care, causing injuries to the other party as a result of the accident.
2. Special circumstances – While negligence has been considered as the primary factor in any vehicle collision, it’s not always the case in truck crashes.
- Keep in mind that not all actions of drivers are considered negligence on their part. There are special situations which are sometimes beyond the control of the driver that may cause the accident to happen.
- For example, turning may also be a reason for crashes since trucks are more massive, making it hard for the driver to turn.
3. Defendants – If you file a case against the party responsible for your injuries, you need to consider the likelihood of having several defendants.
- In almost all cases, contractors, employers, insurance companies and trucking companies may have potential liability to compensate you for the losses you’ve sustained because of the accident.
- For instance, the employer-employee relationship between the trucking company and the driver makes the former legally obligated to give you the compensation that you deserve.
- However, it’s important to keep in mind that the role of several defendants in the truck accident can affect the outcome of your case.
4. Damages – Remember that getting injured in an accident gives you the legal right to sue the party at fault for the recovery of damages.
- If you’ve been in a truck accident, you may be provided with compensation for the emotional, financial and physical losses you’ve suffered as a result of the collision.
While trucks are bigger and much heavier than ordinary motor vehicles, the impact of the collision may be quite devastating for the injured victims. In these types of situations, the most important thing to do is to look for and start working with a licensed attorney who has experience in handling truck accident cases similar to yours. By doing so, you’ll be able to get appropriate legal advice for your situation.
Joanne Reed has been writing about law and business for almost a decade, and is currently writing her next big law project. She is an avid sports fan and loves watching games if she has free time.