Can I Sue for Being Hit by a Semi Truck?
May 4, 2021 | By Colombo Law
If you have been involved in a truck accident, exploring your legal options is the right thing to do. Truck accidents often lead to serious injuries and significant damages, including medical bills, lost wages, pain and suffering, and more. In many cases, injured accident victims are not able to pay their bills, nor should they be required to if they have a viable claim.
An experienced truck accident attorney can evaluate your case and advise you of your options for recovering fair compensation. It is important to speak to a lawyer as soon as possible to determine if you have a viable claim.
The attorneys at Colombo Law have decades of experience representing clients in truck accident claims. Contact our offices in Columbus or Cincinnati for a FREE consultation.
Was the Truck Driver At Fault?
The first thing to determine in a truck accident claim is who caused the crash. If the truck driver caused the accident by acting in some negligent or careless way, then you may be able to bring a claim.
Common examples of reckless behavior that lead to truck accidents include:
- Drowsy driving
- Distracted driving
- Aggressive driving
- Speeding
- Driving under the influence
Semi-trucks are heavy vehicles, weighing upwards of 80,000 pounds when fully loaded. Truck drivers have a responsibility to obey the law and take every precaution to ensure they are not putting other drivers at risk while operating these vehicles. When they fail to do so, they should be held responsible for the damages caused by their actions.
Additional Liable Parties in Truck Accident Claims
It is important to note that truck drivers are not the only liable parties in many accident claims involving 18-wheelers. Trucking companies also have a responsibility to uphold the law and take measures to ensure their drivers will act safely when behind the wheel.
Unfortunately, companies that transport goods sometimes neglect or even ignore safety concerns for the sake of profits. This negligence may involve:
- Pressuring drivers to stay on the road longer than they are legally allowed;
- Failing to properly vet drivers to ensure they have a good driving record and are properly trained;
or - Failing to properly maintain a truck or intentionally overloading a truck.
While a truck accident may at first seem to be the fault of a careless truck driver, thorough investigation may reveal that the negligence of his or her employer was a factor as well. In such a case, both the driver and the trucking company are likely liable for the accident.
It is also important to consider the role other parties may have played in the crash. For example, mechanical failure (a common cause of truck accidents) may be caused by a defective part or component. If this is the case, the company that manufactured the part may be liable for the truck accident.
Were You Seriously Injured?
Given the difference in weight and size between a commercial truck and most other vehicles on the road, the victims of truck accidents are at risk of a wide variety of serious injuries. The more serious the injury in an accident, the more money is generally involved in a subsequent claim.
Truck accident victims may be entitled to compensation for immediate expenses (such as medical bills) as well as long-term costs (such as rehabilitation, ongoing treatment, modifications to one’s home, etc.). Losses like these are often compounded by the victim’s inability to work, which causes the expenses to add up quickly.
Although you may be entitled to significant compensation for serious injuries and losses after a truck accident, insurance companies aggressively fight claims involving high damages. They may offer you a low-ball settlement or dispute liability for the accident entirely.
In these situations, filing a lawsuit may be the only way to recover the compensation you need and deserve. Given the stakes, you and your attorney should be prepared to take your truck accident case to trial.
Did You Suffer Damages?
Beyond the financial costs you may be facing, there are other types of damages – referred to as non-economic damages – that you may have suffered. These can include pain and suffering, mental anguish, loss of consortium, loss of enjoyment of life, and more. You may, for example, suffer from PTSD and find it difficult to live a life that is meaningful and active.
All of these hardships can be extremely difficult to cope with, especially when the cause was the avoidable negligence or carelessness of a driver, trucking company, and/or other additional parties. It is difficult to account for the full extent of economic and non-economic damages to which you may be entitled on your own. An experienced truck accident attorney can help you calculate the amount to pursue based on your unique situation.
Contact a Truck Accident Lawyer Today
After a serious truck accident, your attention should be on your medical situation. The most important thing is getting better. However, the cost of this medical attention, along with your other losses, cannot be overlooked. If you or a loved one has been seriously injured or you lost a family member in a truck accident, it is crucial to work with an experienced attorney who is dedicated to your recovery.
At Colombo Law, we dedicate ourselves wholeheartedly to the successful resolution of each client’s case. This means thoroughly investigating the cause of the crash, identifying all liable parties, calculating the full extent of damages, negotiating a fair settlement on your behalf, and even going to trial if it provides the best likelihood of a favorable result.
Please call Colombo Law at (614) 362-7000 today for a FREE case review. Our truck accident attorneys serve clients in Columbus, Cincinnati, and throughout Ohio.