Truck drivers are liable for damage caused by an accident if their negligent action or behavior led to it. If the driver is an owner-operator of their truck, you could seek compensation from their insurance company. If a trucking company employs the driver, compensation can come from the company’s insurer. Other potential at-fault parties include vehicle parts manufacturers or maintenance employees.
If you or someone you love was injured in a truck accident, our truck accident lawyer will investigate the accident, read and review your crash report, and build a case file for you. Our team will fight for a settlement from the at-fault party and their insurance company. We will also take your case to court, if necessary, to seek fair compensation.
How Do Truck Drivers Cause Accidents?
Human error can contribute to a truck accident, just as it does a car accident. According to Federal Motor Carrier Safety Administration (FMCSA) statistics, 4,842 large trucks were involved in fatal accidents in 2020. Anything could have caused your accident, including driver inexperience. Some commonly reported driver-related causes of accidents include:
- Distracted driving
- Inattentive driving
- Exceeding the speed limit
- Alcohol or drug intoxication
- Driver fatigue or exhaustion
If your accident was caused by one of these factors, we can help you prove it. We can request copies of your crash report and witness statements. Your lawyer can explain your compensation options and the value of your case.
We will also investigate whether improperly loaded cargo, exceeding allowable driving times, or other factors led to the accident. These causes may prove the driver is not the correct liable party.
Who Else Could Be Liable for Truck Accident Damages?
If a truck driver’s actions caused your accident, their employer might still be liable. The company would be liable because the truck’s owner is responsible for the actions of their employees while they are working.
If the truck’s design or build caused the accident, the manufacturer could bear liability. Our team will consult experts to identify if mechanical failure led to the accident.
If faulty tires, windshield wipers, or brakes caused the accident, the manufacturer of those parts could be liable. Our investigation will uncover the at-fault party, and your lawyer will lead your fight for financial recovery.
What Damages Is the At-Fault Party Liable For?
Whether you seek damages from the insurance company that represents the truck driver or their employer, you are entitled to recover both economic and non-economic damages.
Some of the economic damages you could recover include:
- Your medical care: Any medical bills including doctor’s appointments, medications, ambulance rides, and travel to appointments can be compensated.
- Lost income: Some accident victims need time away from work to heal from their injuries. We can help you seek compensation to make up for the money you lost.
- Property damage: If your car was damaged or lost in the accident, we could pursue compensation to repair or replace it.
- Reduced earning capacity: In some cases, injured accident victims cannot go back to the same job they once worked. If your injuries prevent you from making the same amount of money you once did, you can pursue compensation.
Meanwhile, recoverable non-economic damages include:
- Diminished quality of life: Our firm can help you prove that your ongoing physical impairments are affecting your quality of life. You can receive compensation if your injuries stop you from living your life the way you did before the accident.
- Pain and suffering: Your injuries could cause significant physical pain and suffering. We can help you seek compensation because of the pain and suffering your injuries cause.
- Mental or emotional anguish: Some accident victims deal with anxiety or depression after an accident. You can recover compensation that could be used to help treat your condition.
How Can Our Law Firm Help With Your Truck Accident Case?
Our team will take care of every aspect of your case. We will:
- Carefully and accurately assign a value to your case
- Gather evidence
- Handle communication with the insurance carrier
- Handle settlement talks and the negotiation process on your behalf
- Protect your rights
While you heal from the trauma of the accident, our firm will manage your case for you.
We Will Investigate All Elements of Your Truck Accident
Our personal injury team can help with your truck accident case by conducting an independent investigation. Our investigation will establish fault by proving the cause of the collision. The evidence we collect for you could include:
- The crash report
- Photos and videos
- Medical records
- Witness statements
- Notes from the investigating police officer
- Information from an accident reconstruction expert
- Your written recollections of the circumstances that caused the accident
These details help our team fight for a fair monetary settlement.
Will You Have to Go to Court To Get Compensation?
Going to court is always a possibility. However, the American Bar Association affirms that most personal injury cases settle out of court. A settlement usually happens once fault and liability are established. This typically occurs when the evidence is presented. We take care of this for you and work hard to settle your case out of court.
While relatively rare, some personal injury cases do go to trial. The circumstance that most commonly leads to a trial versus settlement is the failure of both parties to agree on a reasonable settlement.
At that point, our team will not hesitate to represent you at trial. We will handle all court and legal filings and follow the statute of limitations filing timeframes.
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Get Your Free Case Consultation From The Fitch Law Firm LLC Staff
If you or a loved one was injured in a truck accident, our personal injury team could help you determine whether the truck driver or another party is liable for your damages.
After identifying the at-fault party, our team will fight for your compensation. Contact our case review team at The Fitch Law Firm LLC by calling us today.