More than 7.4 million people work in the trucking industry in the United States. That means there are millions of drivers on the road every day delivering cargo across the country. With so many large trucks on the road, there’s always a chance that a trucker will get into an accident.
If you’re injured in a truck accident, the sooner you take action, the better off you’ll be. While your insurance company can help you with your claim, you may be able to sue the truck driver for additional damages. Here’s what you need to know before you start thinking about going to court.
It all comes down to liability for the truck accident
When you’re trying to decide who you can sue after a semi-truck accident, the first step is examining who is liable for the accident. With truck accidents, there could be many different parties at fault or responsible for the accident and the damages you suffered. You may even need to sue more than one party to recover the full amount of damages you’re owed.
The truck driver
The first party you’ll want to consider and the most commonly responsible for accidents is the truck driver themselves. Since California is an at-fault state, the driver may have to pay the full amount of your settlement if they acted with negligence on the road. Negligence could cover anything from driving without taking the industry-mandated breaks, driving under the influence, or knowingly driving unsafely.
Your insurance provider will examine the situation and look at the amount of fault the driver had in the accident. If the driver’s negligence is the primary reason that the accident happened, you may want to sue them for damages.
The manufacturer of the truck
Though drivers are the easiest to find fault with, the accident may not always be their responsibility. Remember, they’re driving a large vehicle that is subject to different manufacturing rules and regulations than personal cars.
It’s entirely possible that the accident happened due to a flaw with the truck itself. Taking on the truck manufacturer isn’t something you and your insurance company can do on your own. You’ll need to speak with an experienced truck accident attorney as soon as you can to start building your case.
The trucking company
The driver and the truck manufacturer aren’t the only parties you may need to take to court. Remember, most truck drivers are actively working. This means they’re hauling whatever cargo their company ordered them to. If that cargo wasn’t loaded onto the truck correctly or the company responsible for maintaining the truck failed to get it serviced, they may be at fault for the accident.
Taking on a private company is usually much harder than suing the driver alone. If the company is at fault for the accident, speak with an attorney immediately.
Always file an insurance claim first
The responsible thing to do before looking into litigation or considering suing a driver individually is to file a claim with your insurance provider immediately. It’s their responsibility to investigate the accident and determine who was at fault in the first place.
Once they make that determination, they’ll offer you a settlement amount for your claim. Though it might be tempting to take that settlement, don’t. Remember, it’s in the insurance company’s best interest to give you as little money as possible. You’ll want to contest the amount if you want to ensure that you’re compensated fairly.
Avoid signing anything that the insurance company sends you. The last thing you want to do is accept a low-ball settlement offer. Once you accept, you lose the right to contest the settlement in court.
Get help from your attorney as soon as possible
The sooner you can speak with an experienced truck crash lawyer, the better. Remember, you don’t even have to wait for the insurance company to issue a settlement to schedule a consultation. If you’ve been injured in a truck accident, call an attorney as soon as possible.
Bring all documentation you have for the case with you to your consultation. This should include your insurance claim information, the police report after the accident, any witness’ contact information, and the bills you’ve incurred as a result of the accident. They’ll be able to review this documentation and tell you if suing the driver, the manufacturer, or the trucking company is possible.
What types of settlements you can expect
Taking anyone to court after an accident doesn’t automatically guarantee that you’ll win your case. However, if it’s clear that the other party is at fault for the truck accident, you’ll be able to push for a settlement. The exact amount you’ll receive will largely depend on the severity of your injuries and the strength of your case.
However, if your case is successful, you’ll likely receive compensation for your medical treatment, repairs to your vehicle, wages lost during recovery, and other incidental expenses related to your accident.
Again, your attorney can’t guarantee that you’ll receive compensation or that your case will be successful. That said, they’ll do everything they can to represent your interests and get the largest amount of money possible for your case.
Speak to a truck accident lawyer today
If you’re injured in a truck accident, it is possible to sue the truck driver for damages. The best thing you can do is speak with an experienced truck accident attorney as soon as possible, even if the insurance company hasn’t reached a settlement.
Every case is unique and yours is no different. You need an attorney that understands how insurance companies work and can guide you through the settlement process. If you’re looking for a trustworthy legal expert to help you represent your case and get the money you deserve after a truck accident, don’t wait.
Contact the legal team at Kerley Schaffer today.