Whether an 18-wheeler truck or a semi truck caused an injury can be challenging to answer because many factors go into the determination. One major factor to consider is the size of the vehicle involved in the accident, which may be relevant depending on what type of accident occurred.
If you were injured in a truck accident and are wondering if you have grounds for filing a personal injury lawsuit against one company or another, this article will give you a basic understanding of how to proceed with your claim.
Who’s at Fault In A Trucking Accident?
In many cases, it may be obvious who was at fault for the truck accident that caused your injuries. For example, if you were injured when you were hit by another vehicle while walking down the road, you can likely look to the driver of that vehicle to bear the liability and compensate you for your injuries. If a semi truck caused damage by rear-ending another vehicle and pushing that car into the car in front of it, both drivers would be liable for their injuries.
In other cases, determining who was at fault for the accident and who is liable for your injuries may need to be clarified. For example, if you were injured when an 18-wheeler jackknifed on the highway and took out several cars behind it, all of the drivers in that accident might claim that they did not cause the accident. Instead, they might argue that they were all victims too. The same can be said if a semi truck rear-ended another truck while slowing down to take a sharp turn.
In cases like these, your lawyer may need to investigate the details of the accident and how it occurred. They will explore what factors might have caused the accident and determine whether any drivers should be held liable for their injuries. Doing so may require interviewing witnesses, reviewing police reports and records, obtaining images of the accident scene, and reenacting the accident with a model truck.
Who Can File a Personal Injury Claim For An 18 Wheeler/Semi Truck Accident?
In addition to determining who caused the accident, your lawyer must also confirm that you were injured in the truck accident. In Texas, Virginia, Maryland, and most other states, drivers don’t have a duty to protect others from harm. Instead, injured victims must prove that they were harmed in an accident. If you were injured in an accident caused by a semi truck, then your lawyer will likely file a personal injury claim on your behalf.
In many cases, drivers involved in truck accidents aren’t aware of the injuries they have caused until much later. For example, a driver might only realize that you have been injured after they have already left the scene of the accident. By then, it may be too late to file a claim because most states have time limits for filing personal injury claims. As a result, it is essential to document your injuries and the circumstances of the accident as soon as possible.
As a general rule, personal injury claims can be filed for an injured adult or child who suffered physical harm from an accident. It does not matter what type of injury you sustained; all injuries could qualify for compensation. For example, broken bones, lacerations, concussions, and even psychological trauma may be eligible for compensation if caused by an accident.
In some instances, the recovery from your injuries may be lower because it is unclear how your injury will impact you. For example, suppose you sustained a concussion in an accident that temporarily caused you to lose sight and memory of some events. In that case, your injury lawyers will likely only be able to recover compensation for the pain and suffering you incurred during the accident. For more information, don’t hesitate to get in touch with Rodriguez Law Firm.