Truck accidents are often some of the most serious – and often fatal – accidents on the road. In 2013, there were 3,602 individuals who died in truck accidents, which was a 14 percent increase from 2009. Thankfully, you do have the legal option of filing a lawsuit in order to seek financial recovery for the injuries that you sustained in the crash. Here are a few things that you'll want to keep in mind as you consider litigation:
1. Were You Partially Responsible? If So, It May Be Okay.
Although you may think at first that you won't be able to recover damages in a lawsuit if you were somewhat responsible for the collision with the big rig, this is not true. A large portion of states have what is known as a comparative negligence rule, which will allow you to seek compensation even if you were somewhat at fault. Depending on the exact rule that the state follows, you may be able to recover some of your damages as long as you are 99 percent or less at fault, such as in California and New York. In states like Colorado and Georgia, you may only be able to recover damages if you are found to be less than 50 percent accountable. In 21 U.S. states, including Illinois, Massachusetts and Texas, you can typically recover damages as long as you are not 51 percent or more responsible for the accident.
2. You Can Probably Name More Than Just One Defendant.
When it comes to truck accidents, there is a very good chance that you have the opportunity to seek and (hopefully) recover financial damages from multiple parties. While the truck driver may have been the one to cause the accident, you can likely also sue the trucking company, the driver's employer, the truck's mechanic, etc. It all depends on the exact situation and the facts of the case.
3. You Can Sue for More Than Your Medical Bills.
You know that you can sue for your medical expenses, but there are several other damages that you can sue for as well. Some of these include lost wages from missing work, physical pain and suffering, emotional distress, and loss of consortium (in the event of the death of a loved one).
Even if you weren't involved in an accident yourself, but you lost a loved one in a truck crash, you can still speak to a personal injury attorney (such as one from Bangel, Bangel, & Bangel) who can work with you on filing a wrongful death claim on your behalf. In any case, contact an attorney immediately to begin the process, as most states do have statute of limitations – a time limit for filing legal action – and you will want to make sure you act within these time constraints to avoid outright denial of your claim.
Share21 December 2015
When you are involved in a messy car accident, things can get complicated fast. In addition to proving who was at fault, you might also have to worry about healing. However, you don't have to endure long phone calls and complicated insurance paperwork on your own. Hiring an attorney is the key to remaining strong during the aftermath of a car accident. As you think about your own situation, try to figure out if you can do things on your own. If you feel like you need a little help, don't be afraid to talk with an attorney. The information on this website should help you to decide how legal counsel can help you.
