Whenever injury occurs following a large truck accident, the first objective should be to seek medical attention. Next, victims should think about filing a legal claim to recover compensation for their damages. Below are some of the most frequently asked questions about these sorts of accidents.
If I am in a semi-truck accident, should I contact the police?
Yes. Any automobile accident should be documented for the safety of the individuals involved. Along with the obvious trading of names and insurance information, it is wise to seek out information from any relevant witnesses.
Do large truck accidents and the legal procedures that follow differ from the ordinary auto accident?
Technically, there is no difference in the way that negligence is determined. However, there are special laws that apply specifically to semi-trucks. Commercial trucking is regulated by laws at the federal and state level. They are in place to reduce threats to the driver and those who share the road with him, by mandating a number of hours that can be driven, the way that a trailer must be loaded in order to avoid uneven weight, and regulating safety equipment utilized by the vehicle.
Who can sue in a large truck accident?
Anyone injured in the accident has legal right to seek retribution. If there is a fatality, this includes family members of the victim. However, state laws do vary slightly as to who can file suit, so speaking with an attorney is wise. There are also special circumstances for minors harmed in auto accidents.
Who would a victim make a case against, if he was not driving the semi-truck?
The initial thought of most would be to sue the truck driver. However, in some situations, the case should be made against the trucking company. The decision should be based on the relationship between the driver and his hiring company. In some instances, semi-truck drivers are simply independent contractors, who are not affiliated with a specific company. If that is the case, then legal action would likely be pursued against the driver. However, if the driver is employed by a company, then a term known as “respondent superior” applies. This insinuates that the driver was acting as the company and, therefore, the suit would be made against the company as a whole.
Who will be liable for the accident?
Along with the general rules of determining negligence in an accident, there are a few other factors that can be weighed in a large truck accident. Malfunctioning equipment can place the manufacturer at fault, simple affiliation with the driver can place negligence on the shoulders of the trucking company, and state and federal laws and regulations place different guidelines on determining liability.
What if a settlement is offered before a suit is officially filed?
Occasionally, the trucking company, insurance agency, or manufacturer will offer a settlement amount. Although it can make for a very fast resolution, it is wise for all parties to fight the urge to accept such terms before consulting an attorney. A qualified and experienced attorney will help protect that individual from lesser compensation than what is actually deserved.
Once the formal lawsuit has been made, the case will move forward just as any other vehicle accident case would. Most will settle out of court, with only a small percentage going to trial. Damages will likely be assessed and the victim will be paid a lump sum to cover the costs of medical bills, lost wages, psychological detriment, or for other considerations made by the judge or jury.
