Truck collisions involving semi-trailers occur frequently. Being in a passenger car makes a trucking collision more likely to result in serious injury because of the obvious size difference between a car and a big rig. Additionally, victims of fatalities are almost always those traveling in passenger cars. The Department of Transportation estimates that 500,000 of these traffic accidents take place in the United States every year. So, before deciding whether to file a claim, consider the following four legal issues with your truck accident attorney.
1. Who Is Liable?
Whether you can establish employer liability should be one of your initial options to consider. Who was at fault is answered by determining liability. As long as the employee was acting in the course and scope of his employment at the time of the incident, your attorney might be able to file a claim against the trucking company on behalf of the big rig driver. To effectively establish liability, a thorough investigation must be carried out at the scene of the accident, including interviewing any witnesses who may be able to provide testimony.
2. What Accidental Damage Was Inflicted?
You must prove that you suffered a physical injury as a result of the accident in order to successfully pursue a claim against a liable party. You cannot obtain a monetary judgment intended to make up for your injuries if you cannot demonstrate any physical harm. Additionally, you must demonstrate that these injuries were the direct result of the truck collision and were not the result of your own fault. Your truck accident attorney can assist by launching the investigation and establishing both liability and damages as soon as the incident occurs.
3. Are Funds Available Should Your Claim Be Accepted?
Once liability has been established, you can examine the alleged at-fault party to see if they have the financial resources to cover any damages sustained. If you are able to prove that the semi-trailer company was at fault, for instance, it is crucial to know whether they have enough insurance to cover the cost of the damages. If the responsible party is unable to pay, you may have another choice if you have uninsured motorist coverage on your personal insurance policy.
4. Can You Settle?
The decision of whether to seek a settlement outside of court rather than going to trial is another choice to go over with your truck accident attorney. A settlement can be a viable option if you have established liability and the at-fault party is prepared to make you a settlement offer in exchange for avoiding the stress and expense of a trial. On the other hand, it may be worthwhile to go to court if you are not given a fair settlement offer. At the end of the day, your lawyer should assist you in obtaining compensation for the full extent of your injuries, your medical expenses, any lost wages, and any pain and suffering.
You and your truck accident attorney can effectively discuss the best options for your particular case with these factors in mind.