The good news in a truck accident claim is that a full monetary recovery is often possible if you’re willing to stand up for your rights. There are multiple potential sources of compensation that you can seek to recover from:
- Your own car insurance policy
- The truck’s insurance policy
- A lawsuit against the truck driver (they may be an independent contractor)
- A lawsuit against the trucking company (it may or may not be the same as the driver)
- A lawsuit against the owner of the cargo (they may have pushed the driver or trucking company to act unsafely)
- A lawsuit against the truck manufacturer if there were safety issues with the truck
While the party you may bring a claim against depends on the specific facts of your case, it’s often to your benefit to bring a claim against all possibly responsible parties in case a single party isn’t able to pay your claim in full.
How to Prove a Truck Accident Claim
If you have a truck accident claim, there are several types of evidence you must gather to prove your claim.
First, you must gather statements from the other driver or drivers, testimony from other witnesses including their contact information, any photos of the accident scene you are able to take with your phone after the crash, and the police report made after the crash.
Second, trucks are typically required by law to use tracking devices and many trucking companies use these not only to comply with the law but also to give them data and to monitor their drivers. The most important device is a black box that may show the truck’s speed, location, braking, and steering. Much like a black box in an airplane, a truck’s black box may be able to pinpoint the cause of a wreck without a doubt. Other devices may also monitor additional data such as the number of hours the trucker had been driving, the weight of the truck’s load, and other relevant information.
Finally, trucks are required to comply with extensive federal regulations and to maintain logs to document their compliance. These regulations include the following:
- Maximum number of hours of driving
- Mandatory rest periods
- Weight limits
- Proper securing of loads
- General safe driving practices
Any violation of a federal regulation will become a critical fact in a truck accident claim. Most of these regulations were established to promote safety. In a personal injury claim such as a truck accident claim, safety violations provide evidence to establish negligence. For example, if the driver was over his hours limit, it can be reasoned that his fatigue was at least partially responsible for the crash.
Why You Need A Boise Lawyer to Help in Your Truck Accident Claim
Truck accident claims combine a high-stakes need to recover major financial losses with a complex legal process. Unlike a fender bender between two cars where you may be able to take the other driver to small claims court, with a truck accident case, it can be difficult to identify all of the potentially responsible parties to bring to court. Further, you may be under strict deadlines to file insurance claims and any needed court papers at a time when you may still not be physically or mentally up to the task. Finally, having to file multiple claims against multiple parties can mean more lawyers on the other side trying to prevent you from recovering.
Our firm is a dedicated personal injury firm that focuses on helping injured motorists like you recover. We start our process by offering a free consultation to help you determine what your case is worth. If you decide to retain our firm, we never take a fee unless and until you’re able to receive compensation for your injuries. To learn more or to schedule a consultation, contact our office now.