Semi-Trailer Truck Collisions – How To Claim Damages and Compensation
Truck accidents are some of the most dangerous road accidents, they not only cause damage to other vehicles but cause injuries and even deaths. Most trucking accidents are caused by the negligence or mistake of the truck driver or trucking company.
If you or your loved one was recently involved in a trucking accident, you can claim compensation from the liable party. You should immediately contact a law firm that deals in head-on truck collisions compensation claims. Head-on Collision Truck Accident Attorneys can help you to get the rightful compensation for the injuries and damages caused by the negligence of the truck driver.
Why Are Semi-Trailer Truck Accidents Dangerous
Semi-trailer truck collisions are more dangerous than car-to-car collisions because of the size and the weight of the truck. Semi-trailer trucks are large vehicles and they carry large bulky cargo which exerts large crushing forces when these vehicles collide with other objects.
As a matter of fact, these vehicles have higher inertia which causes them to stop slowly even after the driver has applied the brakes. A fully loaded semi-trailer truck weighs around 80,000 pounds and if it crashes into another vehicle it will surely cause life-altering injuries or result in the deaths of the occupants.
This is the reason why semi-trailer truck drivers are required to go through rigorous testing to get their license to operate these vehicles. These trucks are especially dangerous due to their size and weight making it an obligation for their drivers to take extra precautions to ensure the safety of those around them. If they are negligent and reckless it can impact the well-being and health of other road-going individuals.
Lastly, most of the fatalities in semi-trailer truck accidents occur in the passenger vehicle(e.g a smaller car) because in case of a collision most of these smaller vehicles are underriden the truck.
Proving The Truck Driver Liable For The Accident
To claim damage or compensation, you will have to prove the liability of the truck driver. You will have to check the insurance laws of your state. There are two different types of insurance: no-fault or at-fault. Pennsylvania, Kentucky, and New Jersey remain the only exceptions, as drivers there can choose the type of coverage they prefer.
In states with no-fault insurance, your personal insurance will cover the cost of injuries and damage. These insurance policies have a minimum limit for coverage that is mandated by the state. Although this minimum limit provides adequate protection, you or your passenger can also exceed this limit. In such cases, you can seek compensation from the truck driver to cover the amount that is remaining.
The at-fault insurance states mandate the truck driver to pay the cost of damages and injuries with their insurance policy. However, to claim compensation you will have to prove liability. The insurance company of the truck driver will also launch an investigation to identify the at-fault party. This allows them to offer a settlement amount immediately.
The issue with an early settlement is that the victim is not able to fully assess the extent of damages so the settlement amount might not cover their losses. Therefore it is recommended that you should hire a traffic collision attorney to help you fight your damages claim.
Why You Should Hire A Semi-Trailer Truck Collision Attorney
There are several reasons to hire a traffic collision attorney that specializes in truck accidents.
Keep You From Giving Detail That Can Harm Your Claim
The first and most important thing a traffic collision attorney will do is that they will stop you from speaking things that can harm your damages claims credibility. Remember, after the accident you should avoid talking to the truck driver’s insurance company and the police. Ask them to wait until your attorney shows up and then record your statement.
Defend Your Rights Actively
Most insurance companies will try to settle your damages claim for the least possible amount. They can use pressure tactics to make you agree on a deal that benefits them. They might even try to shift liability on you by asking you confusing questions. Therefore, you must hire a traffic collision attorney that can fight for your rights and actively pursue the right settlement amount.
Help You To Assess The True Extent Of Damages
An attorney will connect you with medical experts to assess the true extent of your medical injuries. These medical injuries include physical and mental injuries. They will also take into account the loss of income that occured while you were recovering from injuries. In short, the attorney will help you to calculate the rightful amount you should claim from the at-fault party.
Prove Liability On The Truck Driver
This is the most important reason, if you are not able to prove liability on the truck driver you might lose your case. A traffic collision attorney will use his prior experience and knowledge to prove liability. He will visit the site of the accident, talk to eye-witnesses and go through police records to collect evidence to prove liability. Since evidence can make or break your compensation claim, it is recommended to photograph the site of the accident just after the crash.
Represent You In Court While You Recover
Last but not the least, a traffic collision attorney will represent your claim in court while you recover from your injuries. It is common knowledge that your injuries will heal quicker if you are relieved from stress so it is important to have someone else handle your court proceedings. It is also possible that you might be suffering from mental health problems after the collision and you might require therapy sessions and time at home to fully recover.
What Types Of Compensation Can You Collect In A Truck Accident
You can collect compensation if your no-fault insurance coverage limit has been exceeded otherwise in an at-fault state you will be required to prove the liability on the truck driver. If you are able to do so you will qualify to be awarded compensation for damages.
The type of compensation you can receive will depend upon several things. These include the factors involved in the accident, the extent of injuries, and where the accident took place. You or your loved one can claim damages that are both financial and non-financial.
This type of compensation is for monetary losses that can be calculated or estimated as a result of the accident. The types of damages that can be included in this type of compensation include:
- Cost of Medical Care
- Health care Expenses Incurred Later On
- Cost Of Medicines
- Transportation to and from medical facilities
- Loss Of Income Due To Absence From Work
- Loss of Income Opportunities In Future
- Funeral and burial expenses
These losses cannot be converted into financial damages because they vary from individual to individual. These include physical and emotional harm due to the accident. A traffic collision attorney can help you calculate these damages and get you the rightful compensation for them.
These damages can include:
- Pain and suffering
- Mental Trauma and Stress
- Loss Of A Loved One
- Life-altering injuries and scarring
Can I File A Lawsuit Against The Trucking Company As Well
Some trucking companies overwork their drivers, they coerce them into driving long-distance without rest. They can also overload their trucks which can result in horrific accidents. In such cases, the liability also lies on the trucking company and they can be sued for not only putting the lives of other road-going passengers in danger but for violating labor laws and cargo regulations.
The court can fine the trucking company and the truck driver, plus ask them to pay compensation for punitive damages.
Truck collision accidents are extremely dangerous and can leave you with life-altering injuries and in worse cases cause death. You can claim compensation for these damages by filing a liability claim against the Truck driver.
Since semi-trailer truck collisions can become complicated because multiple parties can be defendants in the case you will need to hire a professional traffic collision attorney. A traffic collision attorney will make sure that the defendants in your case pay you the rightful compensation.
With multi-defendant compensation claims you might be able to prove the liability but defendants might prefer a trial to settle the proportions of compensation. Therefore you must have an experienced legal expert to represent you in court.
Similarly, traffic collision claims can put the reputation of trucking companies at stake so they might try to coerce you into a settlement. However, a traffic collision attorney can help you fight off these tactics.
If you were recently involved in a semi-trailer truck collision you should seek consultation and advice from a law firm such as Tomeny | Best Injury Lawyers. They are experts in providing legal services to individuals injured in traffic collisions.
Remember that winning compensation claims for your injuries after a traffic accident requires dedication, experience, and special legal knowledge. The truck accident lawyers at Tomeny | Best Injury Lawyers have all of these qualities and more.