Know your options if you get hit by a semi-truck

Health | Did You Know

Know your options if you get hit by a semi-truck

Photo by Zetong Li on Unsplash

An 18-wheeler accident could result in serious injuries and leave victims with significant expenses. The severity of their injuries could determine what monetary award they could win in a lawsuit. When taking the steps to file a lawsuit, it's important that victims understand their options and identify the most suitable choice to collect compensation.

Starting a Legal Claim

If the trucking company cannot provide adequate compensation through an insurance claim, the victim has the opportunity to start a legal claim against the trucking company and its insurer. The legal claim includes all economic and noneconomic losses incurred by the victim.

It must have adequate evidentiary support for the claimant's lawsuit, such as medical expenses, lost wages, and auto repair costs. If the victim sustained serious injuries, they must have medical reports that define how the injuries affect the victim's life. Victims who were hit by a semi truck start a legal claim by contacting an attorney now.

Could You Settle Out of Court?

After the trucking company receives the summons and becomes aware of the lawsuit, the trucking company will contact their liability insurer and determine how much they could get to pay the victim. Businesses purchase liability coverage to protect them from financial losses caused by lawsuits, and their insurer can explain how much money they can access to settle out of court and prevent the case from going before a judge.

If the trucking company offers a settlement offer, the attorney reviews it and presents it to the victim. If it is fair and reasonable, the attorney may recommend that the victim settles out of court.  

Who Are You Suing?

When victims are involved in an 18-wheeler accident, it is up to their attorney to determine who to file the lawsuit against. In the accident claims, there are different possibilities in terms of defendants.

If the driver caused the accident, the trucking company is liable. If the insurer denies the victim's insurance claim, the trucking company and their insurer are liable. If there were defective parts installed in the truck, the parts manufacturer and the mechanic could be liable.  

Why You Shouldn't Talk to the Trucking Company

In these proceedings, the trucking company or their insurer will make attempts to persuade the victim to accept a low settlement offer. The victim should refrain from talking to them, and they should let the attorney manage all communications with the trucking company and the insurer. All it takes is one call to trick the victim into committing to a settlement and losing their right to sue.  

What Type of Damages Are Available to You?

Economic and non-economic damages are possible when filing a lawsuit against a trucking company. Economic damages include lost wages, medical expenses, and auto repair costs. Noneconomic losses apply to tort allegations such as pain and suffering or mental anguish. An attorney can help the victim calculate all damages and estimate a potential monetary award.  

An 18-wheeler accident presents a risk of serious or life-altering injuries. Victims who sustain injuries have a few options for collecting compensation from the trucking company. When reviewing their options, it is important to consider what evidence is needed and how quickly they can settle their debts connected to the lawsuit. Their options could include a legal claim or a settlement offer from the trucking company.

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