Your vehicle versus a semi-truck…it’s not a pretty thought, is it? Personal injury accidents between a passenger vehicle and a semi-truck can be absolutely disastrous. Catastrophic injuries such as spinal cord damage, traumatic brain injuries, and broken bones can lead to years or a lifetime of medical expenses. You may not be able to work ever again. Then, there’s the stress involved from loss of income.
If you or someone you love has been involved in a wreck with a semi, you may be eligible to file a personal injury claim. In this article, you’ll learn about personal injury by learning about an actual trucking industry employer.
Looking at Fault
The essence of any personal injury case is fault. The goal is to restore the plaintiff into the same positions they were in before the wreck. In many states, fault in personal injury claims isn’t as simple as someone being injured because of someone else. Instead, a concept known as comparative (contributory, in some states) negligence. This means that the court looks at how the actions of both parties involved contributed to the wreck.
If the plaintiff is found to be 51% or more at fault for the accident, they generally cannot recover. Now, let’s look at fault in a hypothetical scenario.
Often, semi-trucks are required by law to drive a certain speed on the highway. The speed for passenger vehicles may be 70 MPH, but for semi-trucks it may be 65 MPH during the day and 55 MPH at night. If a driver is speeding at night and goes over a hill and hits a vehicle that is stopped on the highway, they would most likely hold a majority of the fault for the accident.
They were speeding which means that they further reduced their ability to stop their truck. It is much harder for a semi-truck to stop in a short distance than it is for a passenger car.
If you’ve been involved in an accident with a semi-truck, do not waste time. You should immediately contact an experienced personal injury attorney to protect your rights. Don’t rely on your own interpretation of the law. Contact a personal injury attorney as soon as you can after the accident.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Saia, Inc, or any other party, you may not be entitled to any compensation.
