The year 2022 saw 168,320 truck accidents in the US. More than 150,000 truck accidents in a single year is a cause for concern. This shows that more and more truck drivers are engaging in unsafe driving practices, leading to truck accidents.
Victims of truck accidents should seek legal assistance to get fair compensation for all the damages and losses they have suffered. In such situations, the expertise of truck accident lawyers from The Law Offices of Mickey Fine will come in handy. These legal professionals offer all the help victims need.
Victims will have a lot on their plate after a truck accident. The sudden injuries, the inability to go to work, and the mounting expenses all contribute to their stress.
Then there are truck accident claims. There are numerous difficulties involved. All this, on top of the injuries and financial stress will be unbearable for the victim.
This article plays a small role in reducing this stress. It lists six questions that most truck accident victims will have. The answers to these questions will help victims understand more about their truck accident case.
Is the truck driver the only one responsible for my accident?
The truck driver is usually the liable party in a truck accident. Truck driver behaviors that lead to accidents include:
- Driving under the influence of alcohol or drugs
- Aggressive driving
- Drowsy driving
- Inexperienced driving
- Not driving according to the weather condition
Although drivers are the liable parties in most truck accident cases, there are other players as well. The other potential liable parties in a truck accident are
- The trucking company
- The cargo loading company
- The truck manufacturer
- Spare part manufacturer
- A truck mechanic
- A government agency
Will I be compensated for pain and emotional distress?
Yes, but you will need the assistance of a lawyer.
Truck accident victims can seek two types of damages. They are:
- Economic damages
- Non-economic damages
Economic damages include tangible losses like medical expenses and loss of income.
Non-economic damages, on the other hand, compensate for the intangible losses the victim suffers. This includes:
- Pain and suffering
- Emotional distress
- Loss of consortium
- The emotional effects of disability and disfigurement
Non-economic damages are difficult to calculate. A truck accident lawyer will be of great help in estimating how much non-economic damages you can claim.
The insurance adjuster has made a nice offer. Should I accept it?
No.
An insurance adjuster’s role is to convince you to accept a settlement that is fair for the insurance company. The insurance adjuster will look at all your damages and losses with a doubtful eye. What’s worse is that they may outright reject non-economic damages.
Additionally, the insurance adjuster’s offer will not include future medical expenses or future lost wages.
What happens if negotiations fail?
Over 90% of cases are settled out of court. Your lawyer will battle it out with the at-fault party’s insurance company to acquire a settlement that compensates for all your losses.
The insurance company will keep rejecting your lawyer’s offers to avoid a huge payout.
If negotiations fail, the next step will be to file a lawsuit. The case will be presented before the judge and jury, who will decide its outcome.
How long do I have to file a truck accident claim?
Every state has a rule called the statute of limitations. This rule prohibits victims from filing a truck accident claim after a certain period of time. The purpose of this rule is to prevent cases from dragging on for many years and to ensure that the at-fault party is not bullied for their involvement in the accident.
The statute of limitations may vary for each state. Get in touch with your lawyer to find out what the duration is in your state.
What are the lawyer’s costs in a truck accident claim?
Most truck accident lawyers agree on a contingency fee arrangement. What this means is that the lawyer will take the case and work on it till a favorable outcome is reached. They won’t charge anything for the services they offer.
Once you receive the settlement, the attorney will take a small percentage as a fee.
Final thoughts
Truck accidents have nasty consequences. Right from injuries that need constant medical attention to disabilities and death, truck accident victims are vulnerable to a range of hardships.
With the assistance of an experienced truck accident lawyer, victims can get fair compensation for the difficulties they have endured.
