Victims of vehicular accidents have the right to seek compensation, especially when it results in physical injuries, pain and suffering, lost wages, and property damage. However, not all vehicle crash claims are the same, as the amount you’ll receive depends on various factors.
This is especially true when you or your loved one is injured by a semi-truck, tractor-trailer, 18-wheeler, or any other type of commercial vehicle. Truck accidents are complicated, and seeking damages can be a tedious task requiring substantial proof to prove negligence and liability. If you or your loved one is injured due to a truck collision, it’s best to know what you need to ensure a successful claim.
Why Compensation Differs
Often the compensation process for a truck accident is not as straightforward as other types of claims. Here are several instances that make it distinct:
1. Multiple Liabilities
Determining who’s at fault is vital in a truck accident claim. If this happened in California or other nearby areas, you could consult a Sacramento truck crash accident lawyer to help you file a compensation claim against all liable parties.
Most vehicle crashes involve human error, but truck drivers may not be the only ones to blame. The trucking company may also play a part in the accident. For example, the driver may be rushing to finish a delivery, neglecting prescribed resting times even if they’re tired or sleepy. Such poor driving conditions can lead to errors and, unfortunately, cause accidents.
A poorly maintained truck can also cause accidents. While drivers are required to conduct pre-trip inspections, the vehicle’s overall maintenance is the company’s responsibility. They may be held liable if records show that they failed to ensure the truck’s roadworthiness.
Load-bearing vehicles may also share liability with shipment owners. The vehicle may be carrying more than its capacity, or it could be transporting dangerous substances without adequate protection for other commuters.
2. Injuries Sustained
The extent of your injuries can also complicate your truck accident claim. While vehicle crashes often result in injuries, yours might be severe enough to require hospitalization. You may even need rehabilitation or life-long care when it results in disability.
Some injuries may not even manifest while you’re negotiating with the trucking company’s insurance provider. Besides physical injuries, you may also experience pain and suffering, lost wages, and loss of companionship. Calculating the costs of damages can be difficult since you would need fair compensation to cover present and future healthcare needs.
3. Required Documents
In addition to what’s required of any vehicular accident, you may need to prepare additional documents to substantiate your claim in a truck accident. Aside from detailed police reports, you would also need expert testimonies. A certified physician can evaluate your injuries and prescribe long-term care for your condition.
Expert mechanics can also provide statements regarding the truck’s condition. Their opinion can determine possible negligence on the part of the driver or the company. Your lawyer can also request additional evidence, such as the truck’s black box and travel logs, to determine the extent of their liability.
All these documents are essential for a successful personal injury claim. These attest to the truck’s actual condition, the driver’s judgment, and even the trucking company’s involvement in the accident. It also serves as proof of the concerned parties’ negligence.
4. Need For Legal Assistance
Processing truck accident compensation claims are often time-consuming. You would need to contend with business entities and their insurance providers who are bent on protecting their interests. They’ll offer you the lowest settlement possible and may even try to evade trucking law violations. It’s best to consult a personal injury lawyer and even hire one to help you go after those responsible for the accident.
Conclusion
Seeking compensation for your injuries, pain and suffering, lost wages, or damage to property after a truck crash accident can be a daunting task. Not only are you required to produce sufficient evidence to show the driver as the person at fault but you’re also compelled to show that the trucking company or the shipment owner’s negligence contributed to the accident.
To do this, you need expert witnesses such as mechanics, law enforcers, and others who can attest to the driver’s error and equipment failure. They can establish the negligence and liability of all parties involved. A medical evaluation from a reputable doctor can establish the severity of your injuries and determine how much you’ll need as compensation for medical bills, therapy services, or life-long care.
All these may sound complex and challenging, so it’s best to consult a personal injury lawyer to help you with your truck crash accident claim.
