Collisions involving semi-trailer trucks happen on a regular basis. Due to the obvious size difference between a vehicle and a large rig, if you are in a passenger vehicle, a trucking collision often results in critical injury. And if you have a fatality, the victims are typically those in passenger vehicles.
Based on the Department of Transportation, approximately 500,000 of those traffic mishaps occur annually in the U.S. With this in mind, listed below are four legal considerations you are able to explore with Sherwood Truck Accident Lawyer before deciding to file a claim.
1. Who Is Liable?
Among the first options to explore is whether you are able to establish employer liability. Determining liability answers the question of who was simply at fault. If the big rig driver is employed with a trucking company, your attorney may manage to pursue a claim against the corporation itself, so long as the employee was acting within the scope of his employment when the incident occurred. It can also be important that a detailed investigation is conducted at the scene of the mishap to be able to effectively establish liability, including taking statements from any witnesses.
2. What Injuries Were Sustained?
In order to successfully pursue a claim against a liable party, you need to reveal that you sustained an actual injury consequently of the accident. If you fail to show physical harm, then your claim cannot create a monetary judgment that is intended to pay you for the injuries. You need to also prove why these injuries were due to of the truck collision and not by any fault of one's own. Your truck accident lawyer might help by jumpstarting the investigation and establishing both liability and damages immediately after the incident.
3. Is Money Available If Your Claim Is Successful?
Once you establish liability, you can then take a look at the alleged party to blame and make sure they've methods to pay any damages suffered. As an example, in the event that you successfully establish that the semi-trailer company is to blame, it is very important to understand if they've adequate insurance coverage to pay for damages. If the party to blame is unable to pay, another option could be when you have coverage in your individual insurance policy to cover accidents that derive from uninsured drivers.
4. Can You Settle?
Yet another option to go over with your truck accident lawyer is whether to pursue a settlement out of court as opposed to proceeding to trial. When you yourself have established liability and the party to blame is offering to pay you without having to handle the worries and expense of a trial, a settlement can be quite a valid option. On another hand, if you're not offered a reasonable settlement, it could be worthwhile to proceed to court. Ultimately, your attorney should help you get compensated for the sum total extent of one's injuries, your medical bills, any wage loss, in addition to any pain and suffering.
With your considerations in mind, you and your truck accident lawyer can effectively explore the most effective options for your specific case.