Nobody likes being involved in a road accident. Besides dealing with insurance companies and filing police reports, there will be the odd occasion that you are hurt. What if you are seriously hurt, and it’s not your fault? None of it is your fault.
The consequences of trucking accidents can be dire. According to Trucking Info, the U.S. has more than 168,000 truck accidents annually. About 32% of those involve an injury.
In June, Yahoo! News reported an incident involving a tanker truck and a train in St. Louis, Missouri. Luckily, no injuries were reported.
Things could have ended differently had a train passenger or driver been rushed to hospital. If the cause of the accident was not their fault, they were within their rights to file a personal injury case with the help of a St. Louis truck accident lawyer.
In this article, we’ll discuss your rights if you’ve been involved in a trucking accident and want to file a personal injury claim.
Article Summary
Seek Legal Representation
People often don’t go the legal route due to costs or not knowing their legal rights. Going up against big corporates with a personal injury case can be intimidating and daunting. But the trauma and mounting medical bills should be enough motivation to explore your options.
Here’s where you should seek expert advice from a truck accident lawyer, a personal injury attorney who specializes in truck accident cases.
If you’ve been injured due to the negligence of another person, they can help build a case if it’s worth taking further.
Truck accident lawyers work within tort law which governs the solutions to civil wrongs. For instance, if a passenger is injured after a truck crashes into their car, the offending party is liable for compensation.
Ask the important questions when choosing an attorney, says TorHoerman Law. These should include their history of claims against trucking companies and their experience in truck accident law.
What Are My Options?
Depending on the scope of the injury, you could be within your rights to file a civil action (personal injury claim) against the faulting party.
You could be entitled to compensation or receive damages for economic or emotional loss. However, you have to prove that negligent actions led to your injury. Establishing liability could be the fault of one or more parties.
Consumer Shield advises that when filing a lawsuit, a truck accident lawyer must examine the law, the trucking company’s actions and the losses incurred by the victim.
In the same breath, they add that there can be some complicated cases. These are liability issues, insurance coverage, and how federal laws affect truck accident lawsuits.
Why the Increase in Truck Accidents?
Baseline Mag says truck accident claims are twice as likely to exceed $100,000. This is in stark contrast to normal motor vehicle claims.
There are several reasons for the increase in these accidents.
The number of trucks on U.S. roads has grown in recent years. The need to deliver goods within the stated time has placed pressure on trucking companies.
The publication also stated that trucks weigh 30 times more than passenger vehicles, which results in more severe accidents.
Driver fatigue is a huge factor despite regulations put in place to ensure truck drivers get adequate rest.
Different Rules Apply
When pursuing a truck accident lawsuit, trucking companies have to abide by a different set of rules.
Depending on the type of accident, they are liable for property damage, contamination of the environment and injuries.
The U.S. government requires them to carry a $750,000 liability policy if the truck is carrying non-hazardous materials. The amount increases substantially to $5 million if hazardous materials are being transported.
Accident victims can seek compensation and make claim against these policies.
Filing Your Lawsuit
The chances of a dispute arising are common. That’s why you have a good case and an even better truck accident lawyer on your side.
Most of the time, the insurance company will deny your claim or refuse to negotiate fair compensation. To actively pursue a lawsuit, your attorney will file a claim in court.
At this point, the trucking company or insurer might want to settle if the odds are stacked against them. It’s then up to you and your lawyer if you want to settle or take the case to trial.
