If you were hit by a truck and can prove the truck driver or their employer was negligent, you can sue the company. It can be hard to prove their negligence on your own, though. A truck accident lawyer near you can help. They can collect evidence that proves the company is financially liable and explain the filing process and the mechanics of a trial.
What You Need to Know About the Four Elements of Negligence
If you were hit by a commercial truck, the driver is usually the one at fault. However, the trucking company they work for might be on the hook for your damages because of vicariously liability. Still, there are instances in which the trucking company acts irresponsibly and causes the crash.
Whoever a fault it was, you must prove that these four elements of negligence are present in your case:
- Duty of care: The other party had a duty to keep you safe on the road.
- Breach of duty: They acted in a way that failed to meet the required duty of care.
- Causation: The accident would not have occurred if it wasn’t for the driver’s or company’s actions.
- Damages: This is proof of the financial expenses and losses the accident caused.
Your personal injury lawyer can hold the company liable for their or the employee’s negligent actions.
Defining the Trucking Company’s Liability
Some of the evidence in your truck accident case file can resemble the evidence you might obtain in a car accident, which can include:
- Accident reconstruction
- Accident scene photos
- Eyewitness statements
- The official police report
- Photos and video footage
Other evidence will be specific to truck accidents and can be difficult to obtain on your own. Your lawyer can request this evidence for you, which may include the truck drivers:
- Training records and accident history
- Logbook and hours-of-service records
- Truck repair and maintenance records
A third portion of your case will contain documents that prove the monetary value you’re your damage request. It can include your medical bills, employment records, and vehicle repair or replacement estimates.
For legal consultation, call (410)777-8960
A Truck Accident Lawyer Can Help You Prepare Your Case for Court
If your case goes to trial, your lawyer will conduct discovery sessions that give them insight into all evidence on the defendant’s side of the case. They can also hold depositions that involve questioning witnesses who are under oath and must answer questions truthfully.
Your legal team will compile evidence and exhibits they will present in court and argue your side of the case in front of a judge or jury. They will prepare you and any witnesses who may have to testify at trial. If the case is decided in your favor, you will receive financial damages.
Your Evidence Collection Can Steer Your Case Toward a Financial Settlement
A trial is unlikely after a truck accident. In most cases, the weight of the accumulated evidence will lead to a settlement.
Evidence will vary based on the cause of your accident, the injuries you sustain, and the trucking company’s insurance policy. The investigative team at the law firm you choose will build your case file and track down sufficient evidence.
You Have a Limited Time to File Your Lawsuit After a Truck Accident
The statute of limitations governs every civil lawsuit in every state. It is the state-imposed deadline you must meet when filing your lawsuit. If you don’t file your lawsuit on time, you will not be able to file it at all.
If that happens, you can never legally compel compensation from the trucking company. A personal injury lawyer familiar with the laws of your state will explain the filing deadline, how it can change, and how they will work to file your lawsuit on time.
Economic Damages You Can Obtain After Your Truck Accident
Whether you pursue compensation through a personal injury claim or lawsuit, you can recover multiple types of damages, such as:
- Past and future medical bills, including emergency treatment, hospital stays, surgeries, therapy, rehab, medications, assistive medical devices, and treatment-related travel
- Current lost income for full and part-time employment and hard-to-prove income like freelance or gig-economy earnings
- Property repair costs, like diminished property value, and property replacement costs
Your lawyer will document these costs and explain the importance of waiting to know the full extent of your recoverable damages. You cannot modify a settlement agreement once you sign off on it, so accepting a speedy offer could lead to an insufficient settlement or verdict that will not cover the costs of your damages.
Non-Economic Damages You Can Obtain After Your Accident
The non-economic damages you are entitled to recover are equally important, and your lawyer can carefully document and substantiate them with medical records, prognosis, and your own statements. They can include:
- Physical disability and disfigurement for injuries that change your physical ability, agility, and appearance
- Physical pain and suffering for the discomfort you experience due to your injuries and treatment protocol
- Mental and emotional trauma for the psychological toll the accident takes on your life
Your Initial Consultation After a Truck Accident Is Free
You can sue a company if you were hit by their truck. We can help. Our law firm is service-oriented and dedicated to the injured clients we represent. We will investigate the negligence that caused your accident and build the strongest possible case against the trucking company.
Find out how hard Adam Smallow Injury Lawyers will fight for you by contacting one of our consultation team members today. Our firm offers free, no-obligation consultations and won’t take our payment unless and until we recover compensation for you.