(Newswire.net — July 20, 2020) — Recovering after a truck accident can be a very frustrating process that may take years or even a lifetime. Truck crashes generally cause severe damages mentally, physically, and financially to the injured and their loved ones.
If you or your loved one were involved in a Savannah truck accident, it would be wise to file a lawsuit to claim damages. To get the best settlement offer from an insurance company, it would be best to seek a reputable truck accident lawyer’s services to help you navigate the truck accident law and lawsuit procedure.
Can I File a Truck Accident Lawsuit if the Truck Driver Was Drunk?
It is possible to file a truck accident lawsuit, especially if the truck driver was drunk. As mentioned earlier, it is advisable to hire a truck accident lawyer to help you with the process. This is because most trucking companies have enough resources to battle any liability lawsuits.
Going up against such well-funded companies can be an uphill task in your pursuit of a fair settlement. Having an attorney by your side plays a significant role in strengthening your side of the case. A lawyer can force the insurance company to put more effort into your claims.
Additionally, a reputable lawyer can prevent the insurer from taking advantage of you in the process. For any damages incurred, an attorney can evaluate your case and give you an accurate evaluation of what it is worth, not to mention that it relieves you of the legal process burden.
Liable Parties in a Truck Accident
Truck accidents vary from car accidents. In the case of a car accident, you immediately know who to sue the car owner, but as for truck accidents, determining the liable party can be difficult.
Proving liability is difficult because, unlike car accidents, there are very many parties involved. The various entities that can be held accountable include the following:
- The truck driver
- The trucking company
- The manufacturer of the truck
- The cargo owner
An experienced truck accident lawyer with an understanding of the trucking industry can outline the obligations of the various parties revealed above and help you get fairly compensated.
How to Prove Negligence
To prevail in a court of law, the victim must prove beyond any reasonable doubt that the truck driver was negligent. There are four possibilities to examine to determine fault.
Duty of Care
You need to demonstrate that the driver owed a duty of care to you and others using the road.
Breach of Duty
The next step would be ascertaining that the driver breached their duty by acting poorly; in this case, driving under the influence of alcohol.
Any Injuries
Proving injuries is the most straightforward element to prove since they are generally apparent. The damages can be physical, emotional, or mental. For mental injuries, you’d need to provide documents from your psychiatrist.
Are the Injuries Linked to the Crash?
The final step in the four-step approach is to prove that the truck driver was the immediate cause of the injury. You’d also need to confirm to the court that the injuries you succumbed were directly linked to the driver’s breach of duty.
What Kind of Compensations Can I Recover After a Truck Accident in Savannah?
If the case prevails in court, the victim gets compensated accordingly for damages suffered. The compensation is usually in the form of economic and non-economic damages.
Economic damages are calculable losses, generally in the form of medical bills and property damage. Non-economic damages are more subjective and include depression, disfigurement, and pain, and suffering, among others.
Get in Touch with a Lawyer
If you were in a truck accident and the driver was drunk, get in touch with an experienced lawyer to review your claim.