Truck Accident Lawsuits Need a Plan of Attack
When it comes to a trucking accident, severe injury or even death are tragic realities that can occur to individuals involved in the collision. In cases where the fault lies not with the injured party or grieving family, compensation for medical bills or the loss of a loved one is simple justice.
For example, a fatal injury caused by a truck accident can be grounds for a wrongful death lawsuit, while unnecessary injuries from a similar type collision will seek to prove negligence by the truck driver or the company employing them.
Federal Laws
Federal laws require trucking companies and their truckers to hold minimum insurance that covers bodily injury, liability and property damage. Since damage and injuries resulting from truck accidents are much more severe, that minimum coverage is much higher.
Statute of Limitations
One key thing that any injured party should remember is that a statute of limitations exists on filing an accident-related lawsuit. The time varies by state, but it’s recommended to begin as soon as possible.
The filing of any litigation requires consultation with trucking accident personal injury lawyers who can provide information on how to proceed. They can offer pertinent data related to state laws and will seek to gain compensation for any specific situation.
Three Things to Determine
Three things that will have to be determined before going to court are determining fault, the listing of any injuries that were sustained and how much the negligent party can pay.
Regarding liability, being able to prove negligence is integral to winning a case. That negligence must be the direct result of any injuries resulting from the accident.
The negligent party should have enough money on their own, or (more likely) should be fully covered by their insurance company in order to pay for injuries and damages. The injured party should have uninsured coverage on their own policy to guard against an uninsured individual or company simply declaring bankruptcy and leaving the plaintiff with nothing.
In the Courts
The number of court cases involving a Texas truck accident are just part of the overall landscape. Below are three others in this category:
In July 2014, five people were killed in Illinois by a truck that plowed into a car while it was stopped in a construction zone. The family of three victims filed a wrongful death lawsuit in October against the truck driver and his employer.
Last October, a couple injured in a 2007 accident with a truck received $545,000 in compensation, even without physical injuries. However, the husband developed post-traumatic stress disorder and was unable to return to work. Meanwhile, the wife aggravated pre-existing back and neck conditions.
In December, the parents of a 24-year-old Texas man filed a wrongful death lawsuit against a truck driver, his employer and an insurance company. The May 2014 accident occurred when the victim’s car collided with a truck, reportedly because the truck failed to yield right of way.
Necessary Support
The tragic consequences of a truck accident can devastate an individual or their family, and lead to hardships both physical and economical. Having support, as well as the necessary information to make correct decisions in this area is vital to achieving justice.
