Truck accidents fall under the category of personal injury law. This area of law helps to recover money for physical, psychological and property damages caused by another person. In the United States, vehicle accidents are the most common type of personal injury claims. Legal statistics report 90 percent of accident claims settle out of court.
Personal injury lawsuits generally require one of the following to be actionable:
- intentional harm
- negligence; or
The second applies to truck accidents. The difference between negligence, compared to other two types of personal injury is when a person fails to take precautions against causing harm to another person. The first and third types of lawsuits take into account a person’s direct action against another person.
Proving Negligence in Truck Accidents
The best way for truck accident attorneys is to exemplify the three elements for proving the level of negligence and the type of liability to determine the amount of settlement. The attorney investigates the injuries, talks with the witnesses and reviews the circumstances surrounding the accident.
In the state of California, every licensed driver has an obligation to prevent harm to others, while operating a vehicle. The duty pertains to the surrounding motorists, pedestrians and physical properties such as land and buildings.
2. Failure to Uphold Duties
When a truck driver fails to maintain the driving standard of duty by texting while driving or driving under the influence of alcohol – the driver is guilty of misconduct. If the conduct causes injury, the driver is negligent.
The facts collected from the accident investigation must show the truck driver’s negligence caused the injuries and damages. At which point, the truck driver and the truck company are liable for the injuries and damages based on negligence.
Truck Accidents and Personal Injury Cases
Meeting with truck accident attorneys helps in making the decision to file a claim and negotiate a settlement or file a personal injury lawsuit. They can review the circumstances and provide legal advice on the best method of ensuring you receive full compensation to cover medical costs for full recovery, loss of wages and property damages.
Truck Accident Injury Claim
The claim involves two parties, you and the insurance provider of the driver at fault. The process begins with filling out the paperwork and submitting the forms. The purpose of the claim is to cover the cost of injuries, recovery and all damages related to the truck accident. Your goal is to reach a settlement amount to cover your health expenses and losses caused by the truck accident. You should seek advice from an attorney before you begin this process.
Personal Injury Lawsuit
It is recommended that an attorney be involved in the event there are disagreements with the claim. Problems occur when the insurance adjuster doubts the truck driver was at fault. They may also question the seriousness of injuries or the settlement amount. When the involved parties are unable to reach an agreed up reasonable settlement, a personal injury lawsuit may be warranted.
Contact Our Truck Accident Attorneys
If you have been involved in a truck accident, it is important to contact an attorney immediately. It cost you nothing for a consultation, without one, it may cost you more than just your health. Experienced personal injury attorneys make a difference. Meeting with an attorney protects your individual rights and ensure you receive full compensation accorded by law for truck accidents. Contact us at 1 (800) 400-8742 for a free consultation.