In any personal injury claim, proving fault is a prerequisite to recovering the damages. However, in some cases, the fault is presumably imposed on one party. For example, in truck accidents, the fault is generally implied on the trucker or trucking company.
Trucking laws are sterner as compared to personal driving laws. For this reason, it is not difficult to pin the fault on the trucking company or driver.
However, when faced with personal injury lawsuits, trucking companies will try their best to avoid any payouts. It is obvious that they are in business and would try every possible tactic to protect their company.
Nonetheless, with the right knowledge, anyone can win a truck accident personal injury lawsuit.
Collecting Evidence
As already mentioned, proving fault is a prerequisite for any personal injury case. However, in a truck accident case, you need not prove the fault. But, instead, you only need to prove that your injuries were a result of the truck accident.
And for this, you may need to collect pieces of evidence. When you read through resources like realjustice.com to know about key evidence. For instance, a formal police complaint report, photographs, and witness testimonies may serve as a few.
As a rule of thumb, you should start collecting all the evidence right from the moment you meet the accident. Of course, this only holds true if you are in a condition to do so.
Apart from this, it is also advisable to contact a truck accident lawyer to help you with the same. Usually, in such situations, an experienced attorney can help to collect pieces of evidence that cannot be overruled in the court of law. Also, here is when an attorney would help with the legal procedures. They are not in and out of the legal struggles and can win you the compensation you deserve.
Establishing Negligence
This is where the stuff gets trickier. In most cases, injuries are caused when one party is negligent of their standard duties. And this holds true to trucking companies as well.
Trucking companies are responsible for maintaining their trucks and trailers. Apart from this, they are also responsible for maintaining their drivers’ health at all times. This includes the working hours and proper health checkups from time to time.
A truck accident could be for any reason- it could be because the driver was overspeeding, or it could be due to brake failure. In any case, the trucking company can easily be put at fault.
It is noteworthy that negligence is estimated differently in different states. While some states use modified comparative negligence doctrine, others use contributory negligence. In short, how your state considers negligence can affect the damages you recover. You may either receive partial compensation or may not receive it at all if you’re found at-fault in an accident that resulted in damages and injuries.
The Takeaway
Whether you’ve sustained property damages or suffered grave injuries in a truck accident, you can receive the rightful compensation for your economic as well as non-economic damages. All you need is to follow the right legal procedure and have the right attorney handle your case.
