When you think of something that is a disaster or a life changing event, what do you think of? Chances are, a wreck with a semi-truck isn’t at the front of your mind. The consequences of such a crash can be devstating.
Those that don’t result in death often have severe injuries that require years or a lifetime of care. If you’ve been involved in a wreck with a semi-truck, you may be able to file a personal injury claim. Here’s what you need to know about fault and what you should do.
Fault in Personal Injury
Fault is the reason why personal injury cases exist. Something happens to someone because of an irresponsible act by another party. So, the court tries to put the injured person back into the same position that they were in before the accident occurred.
However, one thing to keep in mind about fault is that many states use a standard known as comparative or contributory negligence. This means that the court looks at each person involved in the accident to determine if they played any role in causing the accident. Many jurisdictions will not provide compensation to a plaintiff that’s found to be 51% or more at fault for the wreck.
Often, highways list a maximum speed limit for trucks. It’s generally five or ten miles per hour slower than the speed limit for passenger vehicles. If a driver of a truck is going 75 mph in an effort to make a delivery on time and the stated speed limit for trucks of that size is 55 mph, the driver will have even a harder time stopping the large vehicle than he or she would under the stated speed limit. So, if he or she could not stop and hit another vehicle that was entering or exiting the freeway or that was stopped because of a traffic jam, the trucking company would be at fault. The driver was not observing the stated speed limit.
What to Do After an Accident
If you are in an accident with a trucking company like Averitt, or any other trucking company, here are some of the steps that you can take to ensure that you receive the compensation that you deserve.
Gather Evidence
If you are physically able to you can begin helping your case at the scene of the accident by gathering evidence. This evidence is what will help you prove who was at fault and what the proper compensation should be.
Take photographs focusing on the damage to your vehicle as well as the positioning and location of the accident. In addition, you should gather the contact information of any witnesses and other parties involved in the trucking accident.
Speak With An Attorney
After you have gathered the evidence, an attorney will help you organize it into a case. Using the damage and injuries sustained an attorney will help you estimate the total damages that you are owed. This will help to cover any past and future medical expenses as well as lost wages and repairs to your vehicle.
Protect Your Legal Rights
If you’ve experienced the pain and heartache involved in a wreck involving Averitt Express or any other trucking company, you need the assistance of an experienced and qualified personal injury attorney to help you protect your legal rights.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Averitt Express, or any other party, you may not be entitled to any compensation.
