One of the most terrifying situations in which a driver may be involved is that of an accident with a semi-truck. Due to the sheer weight and size difference between vehicles, many semi-truck accidents often result in serious, life-threatening injuries and fatalities. In addition to the devastating consequences that may occur as a result of a semi truck accident, a victim or his surviving family members may find themselves thrown into a legal system that is both complex and confusing.
The law allows those who have sustained debilitating, severe, and permanent injuries in semi truck accident to seek compensation from the responsible party to cover medical expenses, loss of income, and pain and suffering. Additionally, family members who have lost a loved one in a semi truck accident may be entitled to file a wrongful death lawsuit on his or her behalf and recover damages for funeral or burial expenses, lost wages, and loss of consortium. Although a monetary recovery cannot take away the pain and grief of losing a family member, it can help to ease the financial burden that is created by the incident.
Overview of the Lawsuit Process
Unfortunately, the insurance provider as well as the trucking company may attempt to limit the amount of recovery of the victim. The defendants may initiate their own investigation in an attempt to pay out the least amount possible by taking recorded statements, examining the vehicles, taking photographs, obtaining a police report, and working to establish the extent of the injuries allegedly sustained in the accident.
Importance of Seeking Legal Counsel
Since the insurance company will likely offer a settlement lower than that which the victim deserves, it is important to work with an experienced attorney to ensure you receive the compensation to which you are entitled. The provider may try to avoid responsibility for future lost wages, future medical expenses, and other damages that may develop over time. By signing a settlement, you revoke your right to file a lawsuit against the other party later down the road.
Additionally, your own insurance company and workers’ compensation provider will likely try to obtain reimbursement of their payments for your lost wages and medical expenses from your settlement. However, there are limitations on their rights to obtain reimbursements, and an attorney will be able to inform you of the applicable laws that pertain to your situation.
Finally, in semi-truck accidents, there may be more than one party that may be held accountable for your injuries such as the:
- Driver of the truck
- Owner of the truck
- Trucking company
- Owner of the cargo
- Manufacturer of the truck
- Government agency
- Mechanic responsible for inspecting and maintaining the truck
- Manufacturer of parts in the truck that may have caused the accident
Van Sant Law, understands how complex and confusing the legal process can be, particularly in cases involving semi truck accidents. Call us today at (678) 679-6710 for a free, no-obligation consultation and to let us help you to determine if you have a valid case. We can answer your questions and address your concerns and we will work to help you seek the compensation to which you may be entitled. The time to file a claim is limited, so it is important to take action as you may have a claim.