Many people assume that the laws regarding claims and compensation are the same whether they are involved in a truck accident or in a car crash. There are distinct differences between the two, and being able to understand those differences will help you protect your rights and best interests if you have been involved in a trucking accident.
The result can be traumatic and catastrophic when a big rig, semi truck, 18 wheeler, or a tractor trailer careens into you because its size, weight, and force can create great damage to your car and serious bodily injuries. While you hope to be compensated for your losses if the trucking company is proven negligent, trucking companies are much bigger and have qualified legal defense team which can be very intimidating.
Under the law, truck drivers and trucking companies are held to a greater degree of responsibility, and just a slight error or violation can make them liable for an accident. However, there are a lot of things a trucking company can do in their attempt to escape full l
iability if they cause injuries to others. They might offer you an unfairly low settlement amount, ask for a recorded statement from you and try to use it against you, alter or destroy evidence, delay the entire process of your claim, or not submit their drivers for drug or alcohol test.
Personal injury law entitles you to recover damages for your losses and injuries by filing a lawsuit against the trucking company liable for the accident, including medical expenses, lost wages, loss of future earnings, pain and suffering, and so forth. Since truckers and trucking companies are required by law to adhere to many rules and regulations on the road, it’s not impossible to find violations or negligence on their part. Even when their liability is apparent, trucking companies and insurance companies are in the business to make money so they will fight hard to keep settlement payouts to a minimum.
Hiring an experienced truck accident attorney can make a big difference when you decide to go up against a large trucking company to obtain compensation for your losses. Your lawyer will look into each aspect and angle of your case to prove negligence on the part of the driver, the trucking company, and any other third parties potentially liable for the accident. A competent attorney would thoroughly examine the accident scene to find out if the driver violated certain traffic rules which caused the accident, as well as the trucker’s duty status and record, logbook, drug abuse record, and alcohol records. The truck’s electronic on-board recording devices and maintenance record, and any other documents and information that can help prove their negligence will also be closely examined.
If you have been seriously injured in a trucking accident, keep in mind that large trucking companies have the resources, experienced lawyers, and large insurance carriers that would do their best to protect the interests of their clients. It’s possible for you to level the playing field by getting the legal representation of an experienced truck accident attorney who has successfully handled trucking accident claims before.
