Driving next to a huge semi-trailer truck is a universally nerve-racking experience for drivers. Unfortunately, accidents sometimes happen, and they can be just as devastating as people fear. Injuries are often extreme, and damages tend to run very high.
If you are unsure about filing a lawsuit, you should speak to an attorney. If you experience any injuries or losses, you might have a valid legal claim for compensation, and you should consider suing. While most injured plaintiffs know the truck driver is likely responsible for the accident, others might be liable for different reasons. The trucking business the trucker works for and various third parties might be liable for your damages. Insurance may play a significant role in your plan for compensation, but receiving an insurance payout should not reduce the defendant’s liability. Often, plaintiffs balance insurance claims and lawsuits to get full coverage for damages.
To get in touch with our truck accident attorneys to schedule a free case review, call Howe Law at (844) 876-4357 as soon as possible.
Why You Should Take Legal Action After a Truck Accident in Auburn, AL
Although financial compensation often takes center stage in injury lawsuits, a plaintiff might have numerous reasons for filing a lawsuit. Many plaintiffs pursue a lawsuit because they want the closure and vindication of a jury verdict against the defendant.
Plaintiffs often live with long-term medical complications or disabilities because of their accidents. As such, plaintiffs often incur extremely high medical bills. They also tend to lose income as they cannot return to work, at least for a while. Property damage, like losing a vehicle and personal belongings, might also be expensive. These damages add up fast, and plaintiffs often file lawsuits because they have no other way to get the compensation they need to put their lives back together.
For the lucky few, injuries are less serious, and they might have the resources to deal with costly damages. The fact that a plaintiff is better equipped to handle the fallout from a truck accident does not make their legal claims any less valid. Even if your economic damages are minimal, you might still have steep non-economic injuries, including deep psychological and emotional trauma. Being injured in any way because of someone else’s negligence can feel very violating. A jury verdict might bring you the closure you need to move on.
The People Responsible for Truck Accidents in Auburn, AL
To get fair compensation for your damages and hold the wrongdoers accountable, our truck accident lawyers need to identify the liable parties. Drivers might not stick around to be identified, and unknown third parties might share liability but fly under the radar. An attorney can help you identify whom to hold accountable for your injuries and damages.
Truck drivers have a lot of power behind the wheel of a giant eighteen-wheeler. Even the slightest traffic infraction could cause a major accident, injuring dozens or more.
One major concern among truck drivers is fatigue. Truck drivers are on the road for long periods, often without breaks or rests. While the truck driving industry imposes regulations requiring drivers take plenty of rests, many companies disregard those regulations and push their drivers to keep driving without breaks. As a result, tired truckers cause dangerous accidents.
We should also investigate other drivers who might have played a role in the crash. While the trucker likely behaved negligently behind the wheel, another driver might have also committed a traffic violation or done something reckless to contribute to the crash. For example, a driver with broken taillights might have stopped short in the front of the truck. The trucker, who might have been speeding, could not stop in time and caused a crash. In such a case, both drivers might be liable.
The trucking business or company that employs the trucker should also be reviewed for potential liability. Under the legal doctrine known as respondeat superior, employers may be held vicariously liable for damages and injuries caused by a negligent employee. For this rule to apply, the employee’s negligence must occur within the normal scope of their job and duties. Intentional or criminal acts of harm or negligence related to unauthorized activities might not be covered.
Truckers often cause accidents while in furtherance of their job duties, i.e., making deliveries. As such, there is a good chance we can sue the trucking company. This is usually a good idea because larger trucking companies often have greater insurance policies that can better help you get fair compensation.
Various other parties might be implicated in your truck accident case, depending on how it happened. For example, if a truck accident occurred because the truck had faulty brakes, you might be able to sue the manufacturer of the defective brakes for your damages. If the truck driver or trucking company knew the brakes were unsafe but did nothing about it, they can still be held liable.
Another possibility is that the road itself was unsafe. For example, perhaps the truck driver caused the accident because they were speeding on a road with large, deep potholes. It is possible that you can sue the local or state government for failing to maintain the roads, thus contributing to the accident.
How Insurance Claims Might Affect Your Truck Accident Lawsuit in Auburn, AL
Many plaintiffs cannot wait for a trial to finish before receiving compensation, and they might rely on insurance to help them while a lawsuit is pending. If you receive help from an insurance policy after a truck accident, the defendant’s liability should not be reduced. However, you cannot collect compensation for the same damages twice.
For example, suppose you incur $100,000 in damages from a truck accident. Next, suppose that your health insurance covers $60,000 of those damages. Instead of suing the defendant for the remaining $40,000, you would sue them for the full $100,000. The defendant should not be off the hook for the full extent of your damages simply because you are fortunate enough to have health insurance.
Even so, you cannot be compensated for damages twice. After you recover the full $100,000 from the defendant, your health insurance provider might have a right of subrogation, meaning they can seek reimbursement for what they paid you. At the end of the day, there should be no excess compensation.
Contact Our Auburn, AL Truck Accident Attorneys for Help
You can schedule a confidential review of your case for no cost with our truck accident attorneys by calling the offices of Howe Law at (844) 876-4357.