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Trucking Accidents
FAQ
WHO CAN BE SUED IN A TRUCK ACCIDENT CASE?
Any person or entity that was at fault for causing the accident can be sued. This includes the truck driver and the trucking company as well as any other driver, person, or entity who in anyway contributed to the accident such as the manufacturer of one of the vehicles involved in the accident, the manufacturer of a tire that contributed to the accident, or the owner of any public or private property whose negligence contributed to the accident.
CAN I STILL SUE EVEN IF I WAS PARTIALLY AT FAULT FOR CAUSING MY OWN INJURIES IN THE ACCIDENT?
A person can sue for serious personal injury even if they are partially at fault as long as they can prove that one or more other parties are also at fault. The amount of a plaintiff’s recovery will be reduced by the amount of their fault.
IS AN INVESTIGATION IMPORTANT IN A TRUCK ACCIDENT CASE?
Yes. If the truck was commercially owned, in most situations, large trucking companies will perform their own investigation immediately after the accident. It is important that you retain an attorney to immediately investigate the case to attempt to pin down liability on any potential at-fault defendants.
ARE EXPERT WITNESSES NECESSARY TO PROVE FAULT IN A TRUCK ACCIDENT CASE?
Unless there is no question but that one party was completely at fault, a plaintiff in any serious injury or death case involving a truck should usually retain an expert. That expert should have special expertise in the design, manufacture, and operation of trucks and the rules of the trucking industry.
WHAT DAMAGES CAN I RECOVER OR THE SURVIVORS OF A LOVED ONE RECOVER IN A TRUCK ACCIDENT INJURY OR DEATH CASE?
A seriously injured plaintiff is entitled to recover all of his or her past and future medical expenses; past and future loss of income/earning capacity; past and future medical expenses; suffering and emotional distress, and in cases in which the defendant’s conduct is particularly negligent, punitive damage are the exemplary damages which are awarded to punish the defendant.
WILL MY TRUCK ACCIDENT INJURY OR DEATH CASE SETTLE OUT OF COURT?
Probably. It is highly likely that your case will settle. Over 90 percent of truck accident cases settle at some point before trial.
DO I NEED AN ATTORNEY TO LITIGATE MY TRUCK ACCIDENT CASE?
Yes, unless you have a minor injury, which is rare in truck accident cases, you will need to retain an attorney to establish liability against any potential defendants and help maximize your damage recovery.
HOW SOON MUST I BRING AN INJURY OR DEATH CASE BASED ON A TRUCK ACCIDENT?
A serious personal injury victim has one year from the date of the accident to bring a lawsuit. If the case is against a public entity, a claim must be filed within six months whether the plaintiff is a minor or adult. In the case of minors, a case can be brought on behalf of a minor up until their 19th birthday. There are exceptions to all these rules. You should seek the advice of an attorney as soon as possible if you are suffering a severe or serious personal injury stemming from a truck accident or if a loved one has died.
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