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 in order to be compensated for vehicle damage, medical costs, and the loss of income. An experienced truck accident attorney can look at your case to determine who the personal injury claim should be filed against.

Can I Sue the Trucking Company?

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

Negligence Due to Poor Maintenance

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

Filing a Personal Injury Lawsuit

Next, you will 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 amount is 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 injury claim, your truck accident attorney must prove that the other party was at fault for the accident.  During the trial, the attorney must show that the party’s negligence caused the truck accident, or that the other party intentionally caused the accident. This can be proved through police reports or witness 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.