Do I Need an Attorney If I’m In a Truck Accident?
March 28, 2019 | Truck Accidents
If you are injured in a truck accident, you could be eligible to recover reimbursement for damages. Whether you are a pedestrian, another driver, or a bicyclist, in most states you have the right to file an insurance claim against the at-fault driver to recover compensation. However, it’s best to file a claim with help from an experienced attorney. An attorney can guide your claim, defend you from the other party’s insurance company, and negotiate a high settlement for your case.
Do I Need An Attorney If I’m Partially At Fault in a Truck Accident?
There are varying degrees of fault in truck accidents. Sometimes, one driver is solely at fault, and other times, responsibility is shared. When more than one person is at fault in a truck accident, the main priority of both insurance companies is proving that their client is less at fault in the crash. If you are involved in a crash, it’s essential to hire an attorney to protect your rights. If you are partially at fault in a truck accident, you could be eligible to recover compensation based on the amount of responsibility you had in the crash. States that follow the rule of ‘pure comparative fault’ allow for both parties to recover compensation that correlates to their level of fault in the crash. For example, if a truck driver is 80% at fault and the other driver is 20% at fault, the less at-fault driver could recover more compensation than the driver that’s more at fault in the accident.
An experienced attorney will know which negligence rule your state follows. If your state follows ‘modified comparative negligence,’ if you are 50% or more at fault for an accident, you might not be able to recover damages. Similarly, it’s best to have an attorney on your side to make sure that you are within your state’s Statute of Limitations. If you wait to file a claim, you might not be able to recover damages, especially in states that have a shorter period for claims. A truck accident attorney can analyze the strengths and weaknesses of your case, determine whether you are eligible to recover damages, and if you can, who you are eligible to file a claim against.
What if My Family Member Died in a Truck Accident?
Truck accidents often cause serious injuries and financial damages. In 2016, 4,440 commercial trucks were involved in fatal truck accidents. If you lost a family member in a fatal truck accident, you could be eligible to recover pain and suffering damages. If there are medical bills, funeral expenses, or other damages left behind from the crash, you can recover reimbursement for these expenses. The best thing you can do to prove that you are eligible to recover damages for your family member’s death is to gather evidence and hire an experienced attorney to guide you when filing a wrongful death claim.
Who Can Be Held At Fault for a Truck Accident?
Most truck accident victims aren’t aware that there is often more than one party liable for their injuries and financial losses caused in a crash. An experienced attorney can help you file claims against the following parties if you are in a truck accident:
- The truck driver that caused the accident
- The truck driver’s employer
- If improperly loaded cargo caused the accident, you could file a claim against the loading company
- Defective cargo can be dangerous – if this causes an accident, the cargo’s manufacturer could be liable for your damages
- If a truck has defective parts and causes an accident, the manufacturer of the truck’s parts could be required to compensate you for damages
How Can An Attorney Help Me Recover Damages If I’m in a Truck Accident?
Truck accidents can be painful and traumatizing depending on the circumstances of the crash. Insurance agents can be difficult to negotiate with and it’s often impossible to recover a high settlement without an attorney by your side. An experienced attorney can protect your rights, guide you through the truck accident process, and negotiate for the highest possible settlement from the at-fault party. If you are ready to discuss your truck accident case with a lawyer, contact the Dixon Injury Firm today to schedule a free consultation and explore the options available to your truck accident case.