Trucking accident lawsuits are at times a David and Goliath scenario. Trucking companies have hundreds of trucks and years of experience in handling cases related to their trucks. If one has an accident with a truck they cannot afford to get pedestrian representation if they want justice and adequate compensation. Truck accidents can be very lethal as the size and weight of the truck can easily crash many vehicles. Such accidents often lead to death or life-altering injuries. It is important o hire lawyers that are equally experienced in handling truck-related cases to match the experience of the trucking companies. In truck-related accidents, these considerations determine the success of the case.
Liability
One of the key steps in arguing a truck-related accident case is to establish the liability of the trucking company for the accident. Some of the major causes of accidents include the inaction of the driver due to inexperience, driver fatigue, poor truck maintenance, and driving under the influence among many others. All these are good reasons to make the trucking company liable for the damage caused by the accident. The truck lawyer needs to prove that the accident was a result of the negligence of the trucking company. Good representation can get you compensation for the damages caused by the accident.
Facts About Trucking Accident Cases
Settlements after trucking accidents can be negotiated and succeed at any time. It is important to ensure that your lawyer is clear on what you want for your compensation and what is legally tenable. One should be firm on what they want but have a little flexibility to avoid the unnecessary costs of a full trial. Settlements in trucking cases can be reached any time before a verdict is pronounced. In some cases, the court proceedings may inform the parties on what is best for them and they settle before a verdict is pronounced.
The range of settlements differs between trucks. However, trucking companies are legally obligated to carry 750000 dollars in liability insurance. This makes sure that they can pay for such liabilities up to the amount of 750000 dollars. Only a good and experienced lawyer in trucking cases is acquainted with such facts and can argue your case successfully.
Some of the legal claims that one can make include, medical expenses, lost wages, costs of repairing and replacing damaged property, cause of pain and suffering, and punitive damages. A good trucking lawyer will be able to prove each of these claims and get you the maximum compensation for the accident. Personal damage claims diminish depending on the degree of responsibility or fault attributed to the plaintiff.
Apart from the degree of responsibility shared between the plaintiff and the defendant, other factors determine the amount of compensation. The severity of the injuries suffered by the plaintiff determines the amount of compensation. Permanent damages get more compensation than temporal damages. If the injuries permanently deprive the victim of earning abilities, then they get compensated for the loss of their ability to earn.
The age of the victim also determines the amount of compensation given. The occupation and education level are also a consideration when calculating the compensation amount. The spouse and children of the victim can bring a consortium claim and demand compensation for the loss of their breadwinners’ ability to earn. The behavior of the trucking company before and after the crash hugely determines the amounts awarded. Companies that show disrespect to life and arrogance are slapped with heftier fines than those that act humanly to the victims.
Truck accident attorneys can help a victim and their families wrestle huge trucking companies and get justice for themselves and their loved ones.
