Being involved in a truck accident can be a very traumatic experience. In addition to the physical injuries you may have suffered, you may also face financial hardship due to lost wages, medical bills, and other expenses. It is vital to consult with an 18-wheeler crash attorney in Marshall to understand your rights after a truck accident so that you can get the compensation you deserve.
In this article, we will discuss the liabili
ty for truck accidents, the types of compensation you can receive, how to file a claim, and your rights after a truck accident. We will also provide several tips to protect your rights after a truck accident.
Who is Liable?
Truck accident liability refers to determining who is legally responsible for the accident. While the liability for a truck accident depends on the specific circumstance of the accident, there are a few parties who are often held liable for these types of accidents.
It is essential to recognize that liability can be shared by the following:
- The Truck Driver: The truck driver may be liable for negligence if they were driving recklessly, speeding, or otherwise not operating safely.
- The Trucking Company: The trucking company may be held liable for the negligence of their employees, including the truck driver. The trucking company may also be responsible for failing to properly maintain the truck or hiring an unqualified driver.
- The Truck Manufacturer: The manufacturer may be held liable for a truck accident if they knew about the defects in the truck’s design and manufacturing but failed to issue warnings about truck defects. They may also be responsible for the accident if they did not provide clear and adequate instructions about such unsafe conditions.
- The Maintenance Provider: Truck mechanics and other personnel may be held responsible for the accident if they fail to conduct regular inspections and perform repairs that could have prevented it.
- The Cargo Loaders: Shippers may also be accountable for the trucking accident if the products were improperly loaded or unsecured before transportation. They could also be liable if the truck were overloaded with goods.
- The Other Motorist: The other driver may also be liable for the accident, especially if they violate traffic laws, such as speeding or driving under the influence.
What Are the Types of Compensation?
Determining who is accountable is the first step in seeking fair compensation for injuries. Your next move is to learn more about the types of compensation you can receive from an experienced personal injury lawyer.
Common types of truck accident compensation include reimbursement or payment for medical care expenses, such as hospital bills, doctor’s visits, rehabilitative services, and prescription medication. This will cover current and future medical consultations and treatments. You can also claim lost wages if you cannot work due to injuries.
You will also receive compensation for the physical and emotional pain and suffering you experienced due to the accident. If your vehicle was damaged by the accident, you may also be entitled to recover the cost of repairs or replacement.
You must also understand that the compensation you’ll receive will be influenced by the severity of your injuries and their long-term impact on your health and well-being. An attorney can value your claim and help you receive the compensation you deserve.
What Are Your Rights?
After suffering from a truck accident, it is well within your rights to seek immediate medical care. You should have access to your medical records and hospital bills, as they document your injuries, treatment, and recovery.
Apart from these, you also have the right to request accident reports, police investigations, surveillance footage, etc. regarding the accident. You should also get the names and contact information of possible witnesses to the accident.
You can also demand additional documentation to prove the liability of any of the negligent parties. You can request driver logbooks and records, vehicle maintenance logs, and inspection records. In some cases, expert opinion may also be needed to support your claim.
Aside from gathering pertinent documents and credible witnesses, you can exhaust all legal remedies. You can file a claim against the truck company’s insurance provider for reimbursement of your medical bills and lost wages. You also have the right to a fair and prompt response from them.
Should you find the insurance company’s evaluation and offer unacceptable, you have the privilege of hiring an attorney to file a personal injury lawsuit on your behalf. They can negotiate your claim and even take your case to court.
How Can You Protect Your Rights?
You should continue to uphold your rights while your truck accident case is ongoing. Consider the following tips:
- Stay in contact with your attorney. Your attorney will be handling the legal aspects of your case, so it is important to stay in close contact with them. They will keep you updated on the progress of your case and let you know what steps need to be taken.
- Continue to seek medical treatment. Even if you feel like you’re recovering well, it’s important to continue to seek medical treatment. This will ensure that your injuries are properly documented and that you receive the care you need.
- Keep track of your expenses. As your case progresses, you’ll need to keep track of all your expenses related to the accident. This includes medical expenses, lost wages, and any other costs.
- Be prepared to provide documentation. Your attorney may request documentation from you, such as medical records, photos of the accident scene, and police reports. It is important to provide these when requested.
- Be patient. It can take some time for a truck accident case to be resolved. It’s important to be patient and persistent throughout the process. Remember that you are fighting for your rights, and you should not give up until you receive the compensation you deserve.
Conclusion
Understanding truck accident liability and compensation is vital for protecting your rights after an accident. By grasping the concept, the liability, gathering evidence, and seeking fair compensation, you can navigate the legal process more effectively.
Remember to consult an experienced attorney who can provide guidance tailored to your unique circumstances. Your rights matter, and taking the necessary steps to protect them will help ensure a fair resolution of your truck accident case.
