Can I File a Truck Accident Personal Injury Lawsuit?

Large, commercial truck accidents pose a unique risk of serious injury. If you've been involved in one, you should consider a personal injury claim inorder to be compensated for vehicle damage, medical costs, and the loss ofincome. An experienced truck accident attorney can look at your case todetermine who the personal injury claim should be filed against.

Can I Sue the Trucking Company?

According tothe common law doctrine known as respondeatsuperior, Latin for “let the master answer,” the trucking company may be heldresponsible for your trucking accident in addition to or instead of the actualtruck driver. There are many large truck regulations that both the truckingcompany and truck driver must follow and, if they fail to do so, can be heldliable for any truck accident that occurs as a result.

Negligence Due to Poor Maintenance

If a truckingaccident occurred because of faulty repairs or truck defects, the truck repaircompany, truck manufacturer, or truck designer may be sued for compensation. Again, it is important to speak with askilled truck accident attorney to determine which party is at fault.

Filing a Personal Injury Lawsuit

Next, youwill file a personal injury claim for your large truck accident. In many cases,the insurance company may settle with you during pre-litigation. If the amountis fair and covers all of your expenses, such as medical bills and lost wages,your personal injury case will end. However,if you are not offered a fair settlement, you can take your case to court.

In order to win your personal injuryclaim, your truck accident attorney must prove that the other party was atfault for the accident.  During the trial, the attorney must show thatthe party’s negligence caused the truck accident, or that the other partyintentionally caused the accident. This can be proved through police reports orwitness testimony.

 Time Limit for Filing an Injury Claim

There is a statute of limitations on filing a personal injury claim, so it is important to speak with a truck accident attorney as soon as possible to initiate your case. Your attorney will work with you to ensure you receive fair compensation for your truck accident injuries.

Most truck accident or big-rig accident lawyers, such as the attorneys at the law offices of Gordon & Elias, L.L.P. willoffer a free consultation where a truck accident victim can discuss his/ her legal options. Contact us today by filling out the Free Case Evaluation Form or calling TOLL FREE: 800 - 773 - 6770 to make sure you are properly compensated to the full extent allowed by law.