Truck accidents are some of the worst on U.S. highways. They can lead to very serious injuries and fatalities. Not all truck accidents are the fault of the truck driver or the trucking company, but many definitely are.
Truck drivers are under constant pressure to get to their destination as fast as possible and spend many hours on the road day after day away from their families. This combination can lead to drivers taking chances, falling asleep at the wheel or becoming distracted. If you have been hit by a negligent truck driver, you have the right to file a personal injury claim to recover the cost of the accident.
Filing a Claim
All personal injury claims are based on the fact that the vast majority of accidents are caused by human error. Someone’s negligence caused the accident. When negligence can be proved, there are good grounds for winning a personal claim against the truck driver, the trucking company or both.
Because of the size and weight of the average truck, there is almost always significant damage to the vehicle that has been hit as well as serious injuries to the occupants. A personal injury claim will be for economic damages such as compensation for damaged property, lost earnings and the cost of medical treatment as well as non-economic damages.
Non-economic damages are often harder to quantify but are just as real, nevertheless. They may include compensation for the pain and suffering experienced and punitive damages if it can be proved that there was excessive negligence involved, such as drunk driving.
Claim Process
Every personal injury claim must be backed up by evidence that shows who was at fault in the truck accident. If you were not removed straight away at the scene of the crash, you could obtain useful evidence yourself. This could include things like:
• Photos taken of the positions of the vehicles involved, damage done and marks on the highway;
• Eye witness contact details or statements, written or audio recordings;
• Making a note of any nearby cameras that might have recorded the incident happening.
Truck accidents often cause traffic hold-ups and if there have been injuries, police officers will attend and write an accident report. These reports can become important sources of evidence after a crash and you may have to rely on them if you were hospitalized soon after the crash.
It is advisable to start thinking about initiating a personal injury claim as soon as you are able to do so. Evidence, especially from eye witnesses is easier to obtain and more reliable the closer it is to the time of the accident. States differ on time limits beyond which claims cannot be submitted, but generally statutes of limitation are 2 to 3 years from the date of the crash.
How a Lawyer Can Help File Your Claim
A personal injury lawyer can help increase your chances of obtaining fair compensation after a truck accident. PI lawyers will have dealt with cases like yours many times before and will know how to negotiate with trucking companies and their insurers.
Lawyers can issue a sub-poena to obtain cell phone records and organize crash investigations to help obtain crucial evidence concerning the exact cause of an accident.
