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Types of Truck Accidents That Result From Negligent Driving
Truck drivers who lack the necessary qualifications and experience may commit negligent acts, leading to serious accidents.
Some of the most common crashes that unqualified truck drivers cause include:
- Rear-end crashes at traffic intersections, where the front of the truck strikes the back of another vehicle
- Sideswipe accidents, where the truck strikes the side of another vehicle that’s moving in the same direction
- Broadside or T-bone accidents, where the front of the truck strikes the side of an adjacent vehicle
- Head-on accidents, where the front of the truck strikes the front of another vehicle traveling in the opposite direction
If you suffered injuries in one of these accidents, you can file a personal injury claim with the truck driver or trucking company’s insurer.
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Trucking Company Responsibility for an Accident
Trucking companies can also be responsible for a driver’s negligent actions or inactions. This is especially true if the driver commits a negligent act and causes an accident within the scope of their employment.
Trucking companies may also be responsible for negligently hiring or retaining an unqualified truck driver. If the trucking company fails to supervise a driver or see that the driver obtains the necessary certifications—and an accident occurs—the trucking company can be responsible.
Recoverable Damages in Truck Accident Cases
Truck accident victims can suffer serious injuries requiring medical treatment and rehabilitation. Potential truck-accident injuries include traumatic brain injuries, broken bones, whiplash, abrasions, spinal cord injuries, and paralysis.
When accident victims suffer serious injuries in an accident, they may be eligible for various damages. The types and amounts of monetary compensation that truck accident victims may recover will vary from case to case. Factors that influence monetary recovery include the extent of the accident victim’s injuries, the circumstances behind the accident, and whether or not the accident victim’s injuries are permanent.
Victims of truck accidents can first claim lost wages or loss of earning capacity if they had to miss work time after their accident. To prove a lost wage claim, the accident victim will usually need to submit documents from their employer that state the number of days or hours they missed from work and the amount of money they lost. Furthermore, they may need to introduce medical evidence in which a doctor authorizes the accident victim to be off work.
Truck accident victims sometimes suffer such serious injuries that they cannot return to their same occupation. If they have to switch jobs at a lower pay rate, they can bring a claim for loss of earning capacity.
In addition to these economic damages, truck accident victims can also claim non-economic damages. These damages compensate accident victims for their lost quality of life, loss of the ability to use a body part, mental distress, emotional anguish, inconvenience, pain and suffering, permanent disability, and loss of spousal companionship.
A knowledgeable truck accident lawyer in your area can let you know which of these damages you are eligible to recover as part of your injury claim. Your lawyer can then pursue this compensation, via settlement, from the negligent party’s insurance company. If that does not happen, your lawyer can file a lawsuit in court and pursue the full amount of damages that you deserve through litigation. Your lawyer can advise whether you should accept a pending settlement offer from the insurance company or litigate your case in court.
Time to File a Claim or Lawsuit for Damages
Injured truck accident victims do not have an unlimited period to file a lawsuit seeking damages for accident-related injuries. Absent extremely limited circumstances, accident victims only have two years from their accident date in which to file a lawsuit that seeks monetary recovery. If they do not file a lawsuit within this two-year timeframe, they waive their right to recover any monetary compensation for their injuries.
Given the time constraints, you must speak with an experienced truck accident lawyer immediately after your crash. If the time is running short, your lawyer can file a lawsuit in the court system promptly. Your lawyer can also continue settlement discussions with the insurance company and pursue the damages you deserve.
Speak to an Experienced Truck Accident Lawyer Near You Today
You are not alone if you suffered injuries in a truck accident resulting from truck driver or trucking company negligence. After seeking initial medical treatment for your injuries, you should speak to an experienced truck accident lawyer in your area as soon as possible. Your lawyer can evaluate the circumstances of your case and determine your claim-filing eligibility.
If you are eligible to file a truck accident claim, your lawyer can assist you throughout the process and negotiate on your behalf with the insurance company adjuster. If the insurance company does not offer you reasonable compensation for your injuries, your lawyer can file a lawsuit and litigate your case in court, if necessary. Your lawyer can also represent you at all court proceedings and advocate for you