Some of the most severe accidents on the road involve large trucks. If an accident happens, you may be badly injured, and the cost of medical care, among other damages, may be astronomical. An attorney can help you sue for financial compensation for everything you have endured.
Damages in truck accident cases may be extensive. Common claims include, but are not limited to, medical bills, property damage, lost income, and intense pain and suffering. The negligent truck driver, their employer, and possibly others may be at fault for the crash, and they should pay your damages. Before we prove fault, we need to find evidence. Witnesses, photos and videos from the accident, and records about your injuries and the crash may all be necessary.
Start your case with a free, private case evaluation by calling our truck accident attorneys at The Reiff Law Firm at (215) 709-6940.
What Injuries and Damages Can You Claim in a Truck Accident Lawsuit?
Injuries and damages in truck accidents are often quite serious. Below are some common damages to consider with your lawyer, although your specific claims may differ.
Medical Bills
Serious injuries usually come with big medical bills. The more severe your injuries are, the more treatment you may need, and the bigger your hospital bills will likely be. Since truck accidents often involve serious injuries, you can expect your claims for medical treatment to be substantial.
Property Damage
Truck accidents tend to be quite destructive. Your vehicle may be damaged beyond repair, and you may have lost various personal items that were inside your car. Keep track of all the property that was destroyed in the accident so we can claim it as part of your damages.
Lost Income
Serious injuries require time to recover, and you will likely need to step away from your job during this time. Unfortunately, this likely means you will lose valuable income at a time you really need it. The longer you are unable to work, the more damages you may claim for lost income.
Pain and Suffering
Your injuries, the accident, and how the accident has affected your life can be quite painful, both physically and mentally. Not only can you claim damages for the physical pain you have had to endure, but also mental and emotional distress. While these damages are subjective and unique to each plaintiff, they can be quite valuable.
Who Should You Include in a Truck Accident Lawsuit in Ardmore, PA?
Our truck accident lawyers must include all defendants who may share fault for the accident. If one defendant is unable to pay, the others may be able to, and you will be better able to recover fair compensation.
Truck Drivers
We must include negligent truck drivers in your lawsuit. These drivers are often directly responsible for accidents. Any number of ordinary traffic violations, like failing to signal, speeding, or reckless driving, can lead to a serious truck crash.
Trucking Companies
If a truck driver is at fault for an accident, their employer may be, too. If the trucker negligently caused the accident while performing their normal job duties, their employer, the trucking company, may be held vicariously liable.
It is also possible for a truck company to be directly liable. Hiring truckers the company knows are unfit or unsafe may make them directly liable for negligent hiring or retention. If the trucking company fails to inspect the truck or perform regular maintenance properly, the company could be directly liable for negligent maintenance.
Third Parties
Sometimes, parties other than those present at the accident are at fault. A common example is when truck accidents happen because the truck was manufactured improperly or newly installed auto parts malfunctioned. In those cases, the manufacturers may be held responsible if we can prove they produced defective vehicle parts.
How Do You Prove Fault for a Truck Accident?
Proving fault requires evidence. We must be able to prove your claims by a preponderance of the evidence for you to be awarded fair compensation.
Witnesses
Truck accidents usually involve many drivers and passengers, and there is a good chance that other drivers will testify in your lawsuit about what they saw. The more drivers who can testify that they saw the truck driver behave negligently, the stronger your claims are.
Video Footage
We should search for sources of video evidence from the crash. Nearby security cameras, dashcams inside vehicles, and videos recorded by you or witnesses using cell phones may all be incredibly helpful. The key is to gather video evidence quickly before it is erased.
Evidence from the Defendant
The defendants, including the truck driver and the trucking company, may control certain evidence we need. During the discovery phase of a lawsuit, both sides must exchange evidence so that each can build the strongest case possible.
If we believe the truck driver or trucking company has evidence that they are not disclosing, we can ask the court to compel them to disclose it. Evidence not exchanged or disclosed during discovery may not be admitted into court during the trial, barring very special conditions.
What if More Than One Person or Entity is Responsible for a Truck Accident?
We may include as many defendants in your lawsuit as we believe are necessary. There is no limit to how many defendants may be held responsible. It is often advantageous to include multiple defendants as it increases your likelihood of being paid for your damages.
Can You Use Police Reports to Prove Fault for a Truck Accident?
Police reports may help guide us to evidence that was uncovered by the police, but these reports are generally inadmissible as evidence in a courtroom. They are compiled largely based on second-hand information gathered by investigators, making them inadmissible hearsay.
Should You Accept a Settlement for a Truck Accident?
Settlements often allow injured victims to get paid faster, but they are often not worth as much as the plaintiff deserves. Suing the defendant and taking them to a trial can help you get the full extent of your damages covered, and you may get all the compensation you deserve, not just a portion.
What if Your Injuries from a Truck Accident Are Catastrophic?
When injuries are catastrophic and come with long-term or lifelong complications, you should claim much greater damages. You may claim damages for future losses, such as future medical care and future lost earnings. The more your catastrophic injuries interfere with your life, the more damages you should claim.
Ask Our Truck Accident Lawyers in Ardmore, PA for Legal Help Today
Start your case with a free, private case evaluation by calling our truck accident attorneys at The Reiff Law Firm at (215) 709-6940.