(Newswire.net — April 14, 2021) — Being hit by a semi trailer truck or another massive vehicle can have devastating consequences. More than 300,000 trucks are involved in traffic accidents every year in the U.S.A. alone, leaving hundreds of thousands of people dead or maimed for life. Torn limbs, broken spines, lifelong headaches and nausea, depression, and panic attacks are just a few of the after-effects truck accident survivors have to put up with.
Most of these people are grateful that they made it alive, but very few of them know that they have several legal options to hold those responsible for their injuries and destroyed lives accountable.
Who Is Usually Liable for a Truck Accident?
If you had the misfortune of being struck by a semi-truck, there are several people and entities that you can sue for damages. The truck driver and trucking company are the first you could bring a lawsuit against. But the truck owner, truck manufacturer, driver’s employer, and even the company responsible for the truck’s maintenance could be held liable.
All those parties could be sued for damages if they were so negligent in their duties that their actions (or inactions) contributed to the accident. For instance, when it comes to the truck driver, a witness can attest that he or she was texting at the time of the crash.
If the truck driver violated the mandatory hours-of-service rules or other federal regulations set in place to protect traffic participants, both he/she and the trucking company can be sued for negligence.
A drunk truck driver could also be sued for damages, and so does his or her employer. If the driver is an independent contractor, the trucking company might try to avoid liability by claiming that they signed a contract with the trucker that states that the company is not liable for an independent contractor’s misconduct.
A skilled attorney can find a legal loophole, though, and hold the company accountable even when such an agreement does exist. The trucking company might be held liable for an accident if it failed to properly train the driver, order regular truck maintenance, or perform background checks on new drivers.
With a severe shortage of truck drivers, U.S. truck operators are often so desperate that they hire even truckers with traffic violations and criminal convictions on their record at the expense of other traffic participants’ safety.
My Legal Options after a Crash
After a traffic accident with a truck, the trucking company’s insurance carrier will likely come to you with a settlement offer lightning fast. Both the insurer and their policyholder will want you to accept this initial offer to make sure that they are not held liable in a lawsuit if the trucker is found guilty, and pay much more.
Insurance companies also offer truck accident victims quick money because they know that if those victims’ injuries get worse in time or the medical treatment drags on, they’ll have to shell out a much larger payout when all is said and done. In some instances, car accident victims were initially offered thousands of dollars, but their medical bills ultimately climbed to tens of thousands.
What is more, by accepting these initial settlement offers, you will waive your right to sue the trucking company or the insurer for a larger reward. That is why it is highly recommended to never accept such offers or at least to let a lawyer negotiate with the trucking company or their insurer a fairer claim settlement.
If the trucking company refuses to settle your claim in a way that benefits you, you could pursue a case against them and the truck driver. But don’t expect an easy fight. Trucking companies have armies of lawyers on their side to help them escape liability. In such cases, don’t take any step without consulting with an experienced attorney like this truck accident lawyer in Ohio first.
A skilled truck accident attorney could squeeze millions of dollars out of a trucking company or their insurance carriers if the accident had a lifelong impact on you. Just make sure that every injury and out-of-pocket medical expense are documented with medical records, receipts, accident reports, and witness testimonies to make your attorney’s job a bit easier.
Early in his journalism career, Kerry L. Tucker had a revelation: there were not enough experts reporting on law issues. Legal matters are part of daily life. Yet, there seems to be a general aversion towards them. One of the main reasons for this is that the convoluted legal language is difficult for many people to follow. Therefore, he decided to change how the law is perceived by the public. Throughout his career, he met with many people who shared their personal stories with him. Some of these hit him harder. One of the cases that stayed with him and influenced his future career development was a car accident case involving a child. From then on, he decided to zero in on car accident lawsuits.