Truck Accident Legal Options
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Truck drivers are some of the most responsible drivers on the roads of America. In spite of this, however, there are many truck accidents that occur annually. Some of these can be due to trucker error , while some are caused by other factors, such as road conditions, weather or objects/animals in the road..
Whatever the cause of a truck accident, they usually result in massive property damage and serious injuries to people. If you have been in a truck accident and have sustained injuries, many legal options are available to you. A truck accident attorney will be necessary to help you determine what the best course of action is, and to help you get the maximum compensation possible. The following are some of the legal options that your lawyer can help you look into:
1)Liability: The first and foremost question in any truck accident claim will be that of liability. Liability refers to who was at fault for the truck accident. Those who cause truck accidents are not legally entitled to claim any damages, thus, proving another person's negligence and liability in the truck accident is of utmost importance.
2)Injuries sustained: The legal system allows you to sue a negligent party for damages for any injuries that you may have sustained from the truck accident. No physical harm means no money. There must be some kind of injury caused in the accident, and such injury should have been caused because of the negligence of another person, and not your own.
3)Money Available: The party at fault should have enough insurance coverage to pay the damages or should have the required money to pay out of their own pocket. If the negligent party has no means to pay any damages, you are most likely not going to receive anything, unless you have uninsured motorist insurance coverage, which will pay for your injuries.
In choosing to sue, it is not enough that you can establish one or two of the above points. If all three can be established, then you stand to recover money for your truck accident injuries.
A thorough investigation of the truck accident must be performed immediately and accurately to establish the fault of another party. An examination of the scene, the vehicles involved and taking statements from witnesses of the accident will be key. Nothing from the scene of the accident should be altered. Because trucking companies will send their own investigators to assess the scene it is vitally important to hire a lawyer who will get the ball rolling on the investigation to establish liability and damage.
Another legal option available to truck accident victims is to settle their case with the negligent party outside of the courtroom, instead of going to trial. Most truck accident cases are usually settled out of court, and this option may be better than going through the hassle of a court case, especially if you are being offered a fair settlement for your injuries.
If you think you are not getting what you are entitled to, or that the negligent party is giving you a raw deal, you can then exercise your legal right to take them to court.
Truck accident cases can have many potential at-fault parties and thus many probable defendants. The money involved in truck accident cases is also very high, as truckers are required to carry high insurance coverage by law. Thus, it is best to consult with a qualified attorney, who will be able to advise you about all your legal options regarding the truck accident, and who will guide you through the entire complicated legal process.
Legal•Info State Truck Accidents Information
Legal•Info State Resources
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