Can I Sue For An 18-Wheeler Accident?
If you’re involved in an 18-wheeler crash You may be wondering if you can take action against the truck driver or the company he works for. There are a myriad of factors to consider when determining who is responsible for an accident. This includes the negligence of the truck driver as well as speeding and violation of traffic laws. The trucking company as well as the truck’s manufacturer are also accountable. A rule known as the comparative negligence rule can also be used to determine who is responsible for an accident.
Victims’ rights
If you’ve been injured in an 18-wheeler crash you could be entitled to compensation. This compensation will pay for immediate medical care as well as prescriptions, therapy and other expenses associated with your injuries. It will also cover lost wages and diminished earning capacity. Additionally, you can get money to fix your vehicle and to replace any personal belongings.
The owner of the truck and the truck company could be held accountable when the accident was caused in part by negligence of the truck driver. The truck manufacturer and truck owner may also be liable for the accident when their employees were negligent. Additionally, a truck maintenance firm could be accountable for the repair that was not done correctly. The safety inspector could be held accountable if the company fails to recognize a safety lapse, such as excessive cargo or other violations.
A trial could be required when the trucking company refuses to pay. However, many personal injury cases settle before trial. The settlement amount for an 18-wheeler accident settlement is higher than a typical motor vehicle accident settlement. Since each case is different there is no way to calculate the amount that is typical for an 18 Wheeler accident attorneys Hingham wheeler accident case.
A black box is found in every 18-wheeler and records the movements of the vehicle over a period of time. The device detects things such as speed and route, hours in service and breaks. It can also record important events. However the trucking company might try to destroy the black box or delay its release.
Liability
A commercial 18-wheeler truck is much larger than a typical car, and accidents involving these huge vehicles can be catastrophic. They often cause catastrophic injuries or even fatalities. To obtain compensation anyone involved in these collisions can bring a lawsuit. It can be challenging to prove fault in 18-wheeler accident cases. It is important to consult an attorney right away to ensure your case is successful.
The trucking company, the truck driver, or both, can be held responsible in the event of an 18-wheeler accident. The trucking company is generally responsible for the carelessness of its drivers. In some instances however, the careless action of a third party can result in an accident and result in injuries to the passenger or driver of the vehicle in question. In these instances, the trucking company is responsible for medical expenses of the person who was injured.
Driver error is a third reason for 18-wheeler accidents. Driver error is a third reason for accidents that occur on 18-wheelers. While truck drivers generally take the road conditions and other drivers very seriously, there are some truck drivers who are negligent behind the wheel. Trucking companies may be held accountable for damages if the truck driver was distracted or negligent.
The insurance policy of the truck driver could pay part of the damages caused by an 18-wheeler collision. If the driver of the truck is found to be negligent, a plaintiff may be able to claim compensation for their injuries and other damages. This compensation can cover medical expenses loss of wages and rehabilitation costs as well as the pain and suffering incurred during the incident. A person who has been injured can seek compensation for life-altering disabilities.
It isn’t always easy to determine who is to blame in an 18-wheeler accident. The liability issue is a bit tangled. Although the driver is most visible, it’s often difficult to determine who was negligent. The trucking company and the cargo loaders may also be held accountable. It is essential to speak with an attorney as quickly as you can to determine the best course of action.
Insurance companies can also try to blame drivers. In some cases, intentional acts are not covered under insurance coverage. The driver of the truck may have intentionally caused the accident. Thus, trucking companies may try to blame another party. Additionally, weather conditions are frequently reason for denial of claims. Truck drivers must alter their speed when there is bad weather.
Punitive damages
A jury has recently awarded $1.6 million in punitive damages to the driver who was drunk and caused an 18-wheeler collision. The judge ruled that the driver was negligent when operating a commercial motor vehicle. While there is no way to compensate all the victims, punitive damages could be used to send an unintentional message to other drivers.
To be eligible for punitive damages to be eligible for punitive damages, the plaintiff must demonstrate that the truck driver did not act with care to safety and was accountable for the accident. The plaintiff must also demonstrate that the truck driver was negligent or negligent in the event. This standard is not easy to meet but may be granted if the plaintiff is able to prove that the truck driver was negligent or had reckless disregard for other road users.
Although punitive damages do not seem to be directly related to the severity of the injuries suffered they are often awarded in the event of an 18-wheeler collision. Punitive damages are a means for a jury to send a clear message to the wrongdoer. They are used to convey the collective displeasure of a community towards the wrongdoer. Punitive damages can be awarded in cases which involve gross negligence or 18 wheeler accident attorneys Hingham unconscionable behavior.
Trucking companies can also be responsible for punitive damages in case of an 18-wheeler crash. In these instances, the trucking company may have erred in maintaining its tractor-trailer units and not checked its drivers. The driver could have been drunk or drugged during driving, or been lying about how much they drove in order to make more money. If the trucking company had rules that required drivers to not follow the law, they may be held responsible.
The easiest to calculate, economic damages are the financial losses that a person was left with due to the accident. They include medical expenses as well as lost wages and property damage. Punitive damages are used to penalize the offender due to their conduct.