The open road exposes you to a wide range of hazards, many of which you may be unprepared for. Wildlife crossings and extreme weather conditions may increase your chances of getting into an accident, but some situations are supposed to be avoidable.
Irrespective of the type of vehicle they operate, motorists are obligated to follow traffic rules and ensure the road is safe for everyone. Truck drivers are particularly liable when they breach their duty of care and cause harm to unsuspecting victims.
Regardless of the nature of the truck accident you were involved in, it’s important to realize that you have a right to demand compensation as a victim of the truck driver’s negligence and recklessness. Whether they’re working for a freight company or operate a private truck, the liable party will have to cover more than the amount you initially lost at the time of the accident.
Keep in mind that there’s also a good chance that you might end up receiving a compensation amount that does not reflect the actual extent of your losses, so the guide below should help you through towards recovering an amount that you deserve.
Know who’s at fault
Being considered a domain of personal injury litigation, a truck accident requires knowing who to blame for the accident. It won’t be you if you did your part as a sensible and responsible driver. When a thorough investigation is conducted and a link between the accident and the actions of the truck driver is established, you have a strong case on your hands.
It becomes easier to analyze liability when the other side has breached their duty of reasonable care. Keep in mind that liability does not rest on the driver alone. You may launch legal action against the company that hired them if it is clear that the driver lacked proper training or that they failed to comply with industry safety and maintenance standards, which could lead to a larger payout on your end.
Gather quality evidence
The outcome of your truck accident complaint will largely depend on the facts that you present before the court. Evidence not only establishes liability and proves negligence. Gathering the right details can help justify a compensation amount that’s higher than what was estimated on the outset. To prove that your disability and the emotional trauma you are suffering are caused by the accident, you need to present photographs of the accident’s immediate aftermath.
It also matters to receive urgent medical attention, undergo psychological debriefing, and visit your physician regularly. Witness accounts are also crucial in reinforcing your claim. That way, you will not only recover the money you spent on treating your injuries, but you also gain extra funds to help you recover financially and emotionally.
Get experienced legal representation
No truck accident lawsuit will ever prosper if a victim refuses to get an attorney to guide them through the legal steps. While it’s possible, representing yourself has a small chance of giving you the results you deserve, especially if the other side is intent on dismissing your claims.
It matters to find a legal ally who has had a strong background in truck accident litigation, so long as they operate in the same jurisdiction where the accident occurred. For that, reach out to a firm such as Trevino Law, Denver, Colorado, for services you can lean on.
Never settle for less
When you’re going up against a large trucking company with enough resources to smother your complaint, expect that they will entice you with an offer you think looks reasonable. The reality is that not all settlement offers reflect the full extent of the suffering you endured.
Your lawyer knows what’s best for you, and a number of the other side may not factor in the emotional damages you suffered, along with the lifetime of financial difficulties you will have to face. Stick to your guns, and always ask your attorney if accepting a certain offer is wise or if taking the matter to court might seem the best recourse when the stakes are too high.
Endnote
Trucks are not the kings of public roads. You have rights as a fellow motorist, so it makes sense to always think about getting the best outcome as you take legal action.
