Proving Fault and Seeking Compensation After a Truck Accident
Tractor-trailers, commercial trucks, and semi-trucks can all be seen on highways across the United States. These large vehicles deliver many of the supplies that we use on a daily basis. The goods that fill these trucks end up in stores, and then ultimately our homes. Unfortunately, despite how important of a job these truck drivers have, there are instances where an accident happens due to recklessness or negligence on the road.
Here we have answered many of the common questions people have who became victims in truck-related collisions:
How does someone prove fault in a truck accident?
If you were hit by a truck driver, then chances are you have filed a claim to seek compensation for your injuries and damages. If you haven’t yet, then it is recommended that you get help from an attorney in your area. To prove fault in a truck accident case, the key is supportive evidence. Your attorney can investigate the driver and the factors of the accident.
For example, your attorney may inquire as to the truck driver’s training, how long he or she has worked in the field, and whether there’s a chance he or she was under the influence at the time of the accident. The more proof you can bring forward that supports your claims about the incident, the more likely you are to get the compensation you need to get better and recover financially.
Why are commercial trucks so dangerous?
Commercial trucks can weigh more than fifteen times that of your average passenger vehicle. These trucks are also very long and can extend over a dozen feet high. These trucks can be very difficult to maneuver, so a trained professional is required to operate the vehicle safely while sharing the road with others.
To make matters worse, these trucks sometimes carry hazardous materials. So, in an accident these dangerous liquids or other substances can lead out and cause further damage. Devastatingly, it isn’t uncommon for the passenger driver and its occupants to succumb to their injuries, resulting in tragic fatalities.
Can I sue the truck driving company?
You may be eligible to sue the company that hired the truck driver. Based on the “respondeat superior” doctrine, the trucking company is legally liable for behavior taken by the workers they hire during their time on the clock. However, some truck drivers may join the team as contractors, which means they may not be categorized as employees of the company. While this can quickly get confusing, your truck accident lawyer in Trenton, NJ can answer any questions you have and inform you about whether you should be suing the driver independently and/or the trucking company.
How much can I get in compensation if I file a lawsuit?
If you file a lawsuit against the driver and/or company, how much compensation you receive depends on several factors. Losses like medical expenses, pain and suffering, lost wages, and property damage are all variables that may be taken into consideration when calculating your monetary award.
Thanks to Davis & Brusca for their insight into personal injury claims and proving fault for a truck accident.