Big rig accidents are more than an inconvenience. They can totally disrupt your life. Various aspects of an accident can make it difficult to make a full recovery, including:
- Serious injuries
- A totaled vehicle
- Missed work
- Mounting bills
If you or someone you love was involved in a wreck with a big rig, they may be eligible to file a claim for personal injury and receive compensation.
What Is Fault? Why Is It Important?
For a lawsuit to be filed, someone must be at fault of breaking the law. In personal injury cases, this means that the defendant owed the plaintiff some sort of duty and was negligent in fulfilling that duty. Because the defendant didn’t fulfill his or her duty, the plaintiff experienced an actual loss. That loss only happened because of the defendant.
Without fault, there is no lawsuit and no settlement negotiation.
In many jurisdictions, that’s not the end of the discussion about fault. Many states have what is known as contributory or comparative negligence. So, the court looks at how much fault each party had for the occurrence. Here’s an example:
John wants to make a left hand turn onto Main Street. He does not have a protected green arrow. He sees a truck coming from the opposite direction, but that is the only vehicle that he can see. John thinks he can make the turn before the truck reaches the intersection.
John is wrong, and the back of his vehicle was hit because the driver of the truck that could not stop in time to avoid a collision. In this instance, John would have a considerable amount of fault for the accident with the truck.
However, if the truck was speeding, the court might determine that they are partially at fault. It takes longer for a large vehicle such as a big rig to stop. If the driver is speeding, it makes it even harder to stop.
Do Truck Accidents Have higher Settlements?
Depending on the extent of the damages and injuries related to an accident with a truck, if you choose to file a personal injury claim against a trucking company, if there is a settlement, it may be higher.
This is due to the fact that accidents with trucks, especially if they are 18-wheeler trucks, tend to cause more damages than an accident with a car.
Alongside with the greater damage to your car, if you are involved in an accident with a truck, injuries sustained may be more serious than a normal car.
The bigger the truck is, the more serious the damage and injuries related to the accident could be. If you were involved in auto accident with a large struck, you may want to file a personal injury claim.
How To File a Claim
To file an accident claim, you will first need to contact a lawyer. An experienced Personal Injury lawyer will be able to help obtain evidence and documentation that you need to receive proper compensation. Next you will have to visit the "contact us" section of the their website. You will then be prompted to enter your contact information and the details of the accident:
- Driver Name (optional)
- Truck number or license plate number
You will also need to:
- Record the date and time of the accident
- Know the location of the accident
- Prepare a description of the damage
In your description, note key details such as airbag deployment, injuries sustained, and the specific damages to the car. In the next section have an opportunity to upload any additional documents. This is where you can submit the evidence to support your claims. These can be witness statements, photos, and police reports. Your lawyer will be able to help obtain the evidence you need.
Involved in a Big Rig Accident? Protect Your Legal Rights!
If you or someone you love was involved in a wreck with a big rig, you need to talk with a personal injury attorney with tractor trailer accident experience. An attorney can help you get your life back on track and help you get the compensation that you deserve. To find out if you have a case against a truck company, contact a personal injury attorney now.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Swift Transportation or any other party, you may not be entitled to any compensation.
