Any auto accident can be a life-changing, devastating event. Suddenly, you could be forced to worry about issues like hospital and doctor’s bills, rehabilitation and lost wages.
These worries can be compounded when the accident involves a commercial truck, especially if the accident was caused by the negligence of the truck driver or the driver’s company. You, witnesses on the scene and even the police may know that the accident was the fault of the truck driver or trucking company, but the company will most likely have a legal team looking for loopholes to avoid legal liability. As a result, you are faced with mounting bills and legal costs, hoping that someone can help you fight corporate America. Rest assured, you could very well have legal recourse through a personal injury claim.
How Could One Be Held Liable For Your Accident?
The relevant company could be held liable for an accident if its driver was careless in operating his or her vehicle. The company could also be at fault if the container being hauled was not properly secured to the truck by employees, causing it to shift or fall off the tractor trailer, or if mechanics were careless in routine maintenance of the truck, perhaps resulting in failures of the truck’s brakes, engine or steering system. If the truck was sent out on the road despite employee knowledge that the vehicle had mechanical or other safety issues, the company could be at fault in an accident.
The court may find the driver was negligent if the injured party can prove that the driver did not act with the reasonably expected degree of care. The company can also be negligent if other employees were not careful in the maintenance or loading of the truck or its contents, for example. Negligence is the grounds for many legal claims, including attempts to find someone at fault for injuries sustained in an accident. If you can prove negligence, you could be compensated for your injuries.
Accident Involving Large Trucks
In March 2010, Gary Craig filed a negligence claim, the truck driver and Golden Eagle Spotting Co. in the Madison County, Ill., Circuit Court. The Madison Record reported on March 30, 2010 that Craig filed the suit on behalf of his wife, claiming that she suffered series injury and went into a coma after the truck driver hit her vehicle from behind. Craig alleged that the driver was following too closely, was driving too fast and did not stop or slow down to avoid the crash.
Craig’s lawsuit sought payment of $750,000 for medical costs and lost income resulting from the accident.
Preparing Your Personal Injury Claim
So, what are some steps you can take to help you personal injury case?
- First, be sure to take notes as soon as possible after the accident. No detail is too small. Record information on the vehicles involved, the time of day, the weather conditions and the road conditions.
- Even if you are not seriously injured, be sure to provide as many details as possible about minor injuries, aches and pains that occur after the accident. Also take notes and collect information on all hospital and doctor visits, medical bills and lost work time and wages.
- It is also a good idea to take photographs of the accident scene, as well as photos of the road and/or intersection in which the accident occurred and pictures of any damage to all vehicles involved and damaged property in the area.
- The bottom line is the more detail you can provide about the accident, the better your chances of proving negligence.
If you feel you do have a personal injury claim against a trucking company, do not hesitate to contact a lawyer. An experienced personal injury lawyer will be the most important weapon you can have in your fight to get the payment to which you may be entitled.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Hub Group, Inc, or any other party, you may not be entitled to any compensation.
