While there is no doubt that regular car accidents involving small to intermediate-sized vehicles can cause bodily harm, the accidents involving trucks and other large commercial vehicles are arguably more dangerous. The victims involved in such an accident might incur life-threatening injuries, permanent disabilities, and even death. In the wake of an 18-wheeler truck accident, you can protect legal rights by filing a lawsuit against the responsible parties and obtain financial compensation for your physical, emotional, and financial damages. While no amount of money can make up for the trauma caused by such an accident, the money can help pay for the medical and therapeutic bills and compensate for lost wages, etc.
How Are 18-Wheeler Truck Accidents Different?
Aside from their increased potential to cause life-threatening physical injury and the likely risk of death due to their sheer size, mass, and momentum, 18-wheeler truck accidents are different from regular car crashes in several different ways.
One of the most important distinctions between the two is the number of regulations that govern these commercial trucks. Heavy-duty trucks like 18-wheelers and other commercial vehicles are governed by multiple agencies and government bodies. The most common causes of such accidents, like the lack of maintenance, driver negligence, longer shifts, etc., are all covered under federal regulations.
An attorney who represents you in such a lawsuit must have a thorough understanding of these laws and regulations. It can help identify any possible violations, which eventually assists in identifying the party liable for the accident.
Protecting Your Rights
One of the most important things to do immediately after getting medical help is to contact the police and report the accident. It is advisable to obtain a copy of the official police report of the accident and submit it while making a formal claim with the insurance provider.
Documenting the scene of the truck accident in the form of photos, videos, and audio eye-witness accounts of the accident can help in making the lawsuit more streamlined and make it easier to identify the party at fault for the accident involving an 18-wheeler.
Hiring a Dallas truck accident lawyer is one of the most essential parts of protect legal rights and ensuring that you will receive justice and adequate compensation for your damages.
Determining Liability in Truck Accidents
Depending on the unique circumstances of each accident, one or more parties might be held responsible for the accident. Determination of liability requires proof of negligence, misconduct, or violation of regulations. Some of the parties that might be liable for such an accident include:
The accident might result from negligence on the part of the truck driver. If the driver violates the traffic rules, sleeps behind the wheel, drives under the influence of alcohol, or fails to comply with the state or federal regulations, he/she can be held responsible for the accident in a court of law.
The trucking company might be held liable for the accident if it failed to train its drivers, employed inexperienced drivers, failed to perform regular maintenance of its trucks, or violated the trucking regulations of the state or country.
The company that manufactured the truck might be responsible for the accident due to unsafe design, equipment design failure, or defective products like brakes, airbags, etc.
If more than one car was involved in the accident, the driver of the other car might be held responsible if it is proved in a court of law that the accident was caused due to his/her negligence. Overspeeding, brake checking, and illegal overtaking are a few reasons why such accidents involving multiple vehicles occur.
Can You File a Lawsuit?
If the accident resulted from the negligence of the other driver(s), you can file a truck accident lawsuit to obtain financial compensation for your damages. Such lawsuits can be filed against the party responsible for causing the accident.
These lawsuits have a set deadline till which they can be filed. Failure to file a lawsuit within this frame called the ‘Statute of Limitations’ may render you ineligible to seek compensation for damages after the specified period.
Recoverable Damages & Financial Compensation
If you can prove negligence or fault on the part of the truck driver or other parties involved in the accident, you can obtain financial compensation as a result of a truck accident lawsuit trial or settlement. The recoverable damages include medical bills, therapeutic bills, past, present, and future lost wages, pain, and suffering, emotional trauma, and other property damages, including the damage to your vehicle. In case of gross negligence, the court also awards punitive damages to the victims of the accident. These damages are calculated separately from all forms of damages mentioned above.
Importance of a Lawyer
To ensure that you protect your legal rights at all times, you should hire a truck accident lawyer to handle your lawsuit. An experienced attorney will help you determine the recoverable damages and identify the party responsible for the accident. Hiring a competent lawyer can significantly increase your chances of obtaining fair financial compensation for your physical, emotional, and financial damages.-