Four Legal Options to Consider With Your Truck Accident Lawyer


Collisions involving semi-trailer trucks occur daily. Because of the obvious size difference between a car and a large platform, when you are in a passenger car, a collision between trucks often causes serious injury. And when there is a death, the victims are almost always those of private cars. According to the Ministry of Transportation, about 500,000 of these traffic accidents occur each year in the United States. With this in mind, here are four legal considerations that you can explore with your road accident lawyer before deciding to file a claim.

1. Who is responsible?

One of the first options to explore is to determine if you can establish the responsibility of the employer. Determining responsibility answers the question of who was at fault. If the driver of the big truck is employed by a trucking company, your lawyer may be able to take legal action against the company itself, provided that the employee acts within the scope of his employment when the 39, incident occurred. It is also important to conduct a detailed investigation at the scene of the accident to establish liability, including gathering statements from all witnesses.

2. What injuries were sustained?

In order to successfully pursue a claim against a responsible party, you must show that you have suffered a physical injury as a result of the accident. If you can not prove that you have suffered physical injury, your claim can not give rise to a monetary judgment to compensate you for your injuries. You must also prove that these injuries result directly from the collision with a truck and do not result from any fault on your part. Your lawyer can help you by re-launching the investigation and establishing both liability and damages immediately after the incident.

3. Is there money available if your application is accepted?

Once you have established your responsibility, you can then take a look at the alleged wrongdoer and make sure that she has the means to pay for any damages. For example, if you successfully establish that the trailer company is at fault, it is important to know if it has adequate insurance coverage to pay for the damage. If the offending party is unable to pay, another option might be if your individual insurance policy covers your accidents resulting from uninsured drivers.

4. Can you adjust?

An additional option to discuss with your truck accident attorney is to know if you should seek an amicable settlement rather than proceeding with a lawsuit. If your liability is established and the faulty party offers to compensate you without having to deal with the stress and expense of a lawsuit, a settlement may be a valid option. On the other hand, if a fair settlement is not offered to you, it may be worthwhile to sue. In the end, your lawyer should help you get compensation for the full extent of your injuries, medical expenses, lost wages, and pain and suffering.

With these considerations in mind, you and your lawyer specializing in truck accident law can effectively explore the best options for your particular case.

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