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Got into a trucking accident and need to know your rights?
Millions of people each year face the chaos and uncertainty following a collision with a commercial truck. Truck accidents are different than your average car accident, though, and here’s why:
- Injuries are typically more severe
- Multiple parties could be liable
- Insurance claims are more complicated
Knowing your legal rights after a trucking accident can mean the difference between receiving fair compensation or being left to foot the bill for astronomical medical expenses on your own.
In this comprehensive guide, everything you need to know about your rights as a trucking accident victim and how to protect them will be covered.
What You Need to Know:
- Types of Compensation Available
- Who Can Be Held Liable
- Steps to Protect Your Rights
- Working With Legal Professionals
Understanding Your Basic Legal Rights
If you’ve been involved in a trucking accident, then you have legal rights that afford you protection. First thing’s first, you need to realize that trucking accident claims are not like a regular car accident claim. They are more complex given the extra federal regulations, higher insurance policies and that multiple parties that can be responsible.
Here’s something scary. In the year 2023, large truck crashes accounted for 5,078 fatalities and 86,842 injuries in the United States. It is big numbers, and it tells you how dangerous a trucking accident can be.
Your basic rights include the right to receive compensation for your injuries, the right to hold all negligent parties liable, and the right to fair treatment by the insurance companies. But here’s the kicker, insurance companies for trucking companies are not your friend. They will try to lower your payout and in some cases even deny your claim. The reason is they don’t want to pay out. That’s why you want to hire an experienced advocate, such as a truck injury lawyer in Calgary who knows how to handle trucking accident legal services, so you can navigate these complex claims and secure the compensation you deserve.
Types of Compensation Available
Trucking accident victims can seek to recover many different types of damages from an accident. There are two general categories of compensation:
- Economic Damages
- Non-Economic Damages
Economic Damages – These are actual financial losses that you have experienced due to the accident, including:
- Medical expenses (past and future)
- Lost wages due to time off work
- Loss of earning capacity if unable to return to your previous job
- Property damage to your vehicle
- Rehabilitation costs
Non-Economic Damages – These are more intangible losses you have suffered, such as:
- Pain and suffering
- Emotional distress/trauma
- Loss of enjoyment of life
- Permanent disability/disfigurement
In some cases, punitive damages may be available if the defendant’s actions were especially reckless or intentional. For example, if a driver was drunk or a company willfully ignored safety rules.
The compensation you are entitled to will depend on the severity of your injuries, the impact on your life, and strength of your case. It’s why it’s so important to document everything.
Who Can Be Held Liable
There can be multiple responsible parties for a trucking accident. It’s not always the driver’s fault. And when you are seeking compensation after an accident, you have to identify all the liable parties because each could be a source of compensation.
Who could be liable?
- The truck driver – speeding, distracted, fatigued, traffic law violations
- The trucking company – negligent hiring, insufficient training, pressuring drivers to break hours-of-service limits
- The cargo company – if improper loading/unloading or securing of cargo caused the accident
- Truck manufacturer – if defective part/mechanical failure caused crash
- Maintenance company – if poor maintenance created unsafe driving conditions
Approximately 32% of all truck accidents are due to speeding, but other top causes are driver fatigue, inadequate training and mechanical failures. An experienced attorney will investigate your crash and identify all the parties who should be held responsible. It’s the most important first step in your case. Your lawyer will review driver logs, maintenance records, company policies, FMCSA compliance records and other evidence.
Steps to Protect Your Rights
Protecting your legal rights begins right after the accident occurs. The steps you take in the immediate aftermath of a crash can impact your ability to recover compensation later on.
Here’s what you need to do:
Seek Medical Attention Immediately
If you have any injuries at all, see a doctor right away. Some injuries like whiplash don’t have symptoms immediately, but can come later. Medical records are critical evidence for your claim. Delay in medical treatment will give the insurance companies evidence to use against you.
Document Everything
This includes taking pictures of the accident scene, injuries, vehicle damage, road conditions, any visible factors that may have contributed to the crash. Get contact information of witnesses. Request a copy of the police report. The more evidence, the better.
Report the Accident
To police and insurance company. Be factual when reporting the accident but avoid speculating or making statements about fault or extent of your injuries.
Preserve Evidence
Maintain a file of all medical bills, prescriptions receipts, repair estimates and any documentation of lost income or missed work. This paper trail is evidence of your damages.
Don’t Talk to Insurance Adjusters Alone
The insurance companies will be contacting you probably before you even leave the hospital. They will want a recorded statement, and they will use that against you. It’s almost always to your benefit to have legal representation before you say anything.
Be Aware of Time Limits
Every jurisdiction has a statute of limitations that sets a deadline for filing a lawsuit. If you wait too long, you will lose your ability to ever receive any compensation. So don’t wait to take action.
Working with Legal Professionals
The thing about trucking accidents is they’re complicated. There are so many regulations, data, and details that most people do not understand–FMCSA regulations, ELD data, black box information, CDL requirements, there are multiple layers. This is where legal professionals come in.
Hiring a skilled trucking accident attorney provides you with many advantages, including:
- Investigation and Evidence Gathering – Attorneys have resources and experts they can use to investigate, including accident reconstruction experts, obtaining trucking company records and digging through driver logs and maintenance histories.
- Negotiation Skills – Insurance companies have lawyers on their side working for the insurance company. You need someone on your side to aggressively advocate for what you are entitled to and not to accept a lowball settlement offer.
- Understanding of Regulations – Trucking is heavily regulated and an attorney who handles trucking accident cases knows which regulations apply, and how violations affect liability.
- Trial Experience – While most cases are settled out of court, an attorney that is willing and able to take your case to trial will have more leverage during negotiations.
Don’t even think about handling a trucking accident case on your own. The stakes are just too high, and the process is too complex. Most personal injury attorneys work on a contingency basis anyway, so you have nothing to lose.
Wrapping This Up
Your rights after a trucking accident are pretty clear. It’s protecting those rights that requires action. From the moment that accident occurs, every decision that you make from then on affects your ability to recover fair compensation. Educating yourself on what you are entitled to, who can be held liable, and the steps you must take puts you in the best position to seek the justice you deserve.
Here are the main points:
- Document everything immediately after the accident
- Seek medical attention even if you feel fine
- Identify all potentially liable parties
- Don’t speak to insurance companies without representation
- Act quickly before running out of time
Trucking accidents are life changing events, but you do not have to face the aftermath alone. Armed with the right legal support and a clear understanding of your rights, you can focus on recovery while professionals fight the legal battle for you. The future of your life depends on the actions you take that day.
The post Legal Rights of Trucking Accident Victims: A Comprehensive Guide first appeared on Clean Fleet Report.
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Author Laura Rosen
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