If you or a loved one was injured in a semi-truck accident, you may be dealing with physical, emotional, and financial challenges. It’s important to understand that you may have legal options. If another party’s negligence caused the crash, you could be entitled to pursue compensation through a personal injury claim.
Contact Gervelis Law today to schedule a free consultation with an experienced truck accident attorney.If you or your loved one was in a trucking collision, you may be facing a great deal of trauma and confusion. It’s essential to know that you have legal options available to you.
Understanding Your Rights After a Semi-Truck Accident
A lawsuit based on negligence relies on the defendant’s failure to exercise reasonable care, resulting in injuries to the plaintiff. In a truck accident, any number of actions can be defined as negligent behavior, including the following:
- Distracted driving, such as texting, eating, or putting on makeup
- Speeding or driving aggressively
- Failure to yield to traffic lights and signs
- Driving under the influence of drugs or alcohol
- Driving while fatigued
The goal of a personal injury lawsuit is to recover compensation for the losses you’ve suffered due to someone else’s negligence. In the sections below, we’ll take a closer look at the types of damages that may be available. Our experienced attorneys can guide you through every stage of the process—from investigating the crash to building a strong claim for full and fair compensation.
Who Can Be Held Liable in a Semi-Truck Accident?
Truck accidents are more complex than a typical car crash. More parties may be held accountable in these incidents, including the following:
- The truck driver – The truck driver may be responsible for actions such as fatigued driving, speeding, traffic violations, and driving while intoxicated.
- The trucking company – The trucker’s company can be held accountable under the doctrine of vicarious liability. With respondeat superior, an employer is responsible for their employee’s actions. Direct negligence may also apply if the company engaged in negligent hiring practices, provided insufficient training, imposed unrealistic schedules, or fostered a poor maintenance culture.
- Cargo loader or shipper – If the cargo loaders or shippers allowed a load to go out that was improperly maintained, overweight, or unsecured, they may be held responsible.
- Maintenance or repair companies – Faulty repairs and improper maintenance can lead to mechanical failures, which hold these companies liable.
- Truck or parts manufacturer – You may have a product liability case if a truck part is defective, such as brakes, tires, or steering. These cases would go against the truck or parts manufacturers.
- Other motorists – Drivers on the road who contributed to the wreck can also be held accountable for negligence.
- Government entities – If poor road design or maintenance played a role in a wreck, certain government entities may be liable. However, there are specific, nuanced rules that apply to these cases.
Proving Negligence in a Semi Truck Accident Case
To win a negligence lawsuit, you must prove four elements: Duty of care, breach of duty, causation, and damages.
- Duty of care: The defendant had a legal obligation to act reasonably.
- Breach of duty: The defendant failed to meet that standard of care.
- Causation: The defendant’s breach directly caused the accident and your injuries.
- Damages: You suffered actual losses as a result.
Truck drivers owe a duty of care to others on the road, and that duty is breached when they engage in reckless behavior such as texting while driving or speeding. To succeed in a negligence claim, you must show that this breach directly caused your injuries. Those injuries must result in measurable damages, such as medical expenses, lost income, or emotional distress.
Evidence is an essential part of proving negligence, including:
- Police reports
- Witness statements
- Black box data
- Driver logs
- Maintenance records
- Expert testimony
Our compassionate legal team can help collect all necessary evidence to prove the other party’s fault in your case.
What Kind of Damages Can You Recover?
Damages are intended to make the victim whole again through financial means. There are three types of damages: economic, non-economic, and punitive. Economic damages are the measurable financial losses you experience in an accident, such as:
- Past and future medical bills
- Lost wages and earning capacity
- Property damage, including vehicle repair or replacement
- Rehabilitation costs
Non-economic damages are intangible losses you experience in an accident, including the following:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of consortium
- Wrongful death
The court may award punitive damages to punish the defendant for egregious conduct and deter others. These are rare, and most commonly apply in cases involving a wrongful death or severe misconduct like drunk driving or intentional harm.
The Legal Process: What To Expect When You Sue
Initial Consultation With an Attorney
To sue a semi-truck driver, you must first determine whether you have a case. You can meet with an attorney through a free consultation and case evaluation. During this meeting, they will review the incident details and calculate potential damages you may be entitled to.
Investigation and Evidence Gathering
Once it’s determined you have a case, you can begin the investigation phase. Your attorney can work diligently to disclose crucial evidence that points to the other party’s fault. This may include looking at police reports, witness statements, black box data, and driver logs. They can also review maintenance records and employer information to determine if other potentially liable parties exist.
Filing a Claim With the At-Fault Party’s Insurer
You will need to file a claim with the liable party’s insurance company to begin the process. You must submit details of the accident, such as:
- Date, time, and location
- Description of what happened
- Police or incident reports
- Photographs and witness statements
- Medical records or repair estimates
Settlement Negotiations
Your attorney can handle the complex process of negotiating with insurance companies. Their goal is to agree on a settlement amount that fully compensates you for your damages. However, insurance companies are notorious for offering settlements that are less than adequate.
Filing a Lawsuit
To file a lawsuit or complaint, you will need to submit an official legal document that accomplishes the following:
- Identifies the parties involved
- States the facts of the case
- Alleges legal claims, such as negligence
- Lists the damages sought
A lawyer can assist with this process, ensuring that no essential information is left undocumented.
Discovery
As the lawsuit moves forward, both parties will enter the discovery phase. During this stage, each side exchanges evidence and information relevant to the case, such as documents, witness statements, and expert reports. The length of discovery varies depending on the complexity of the case and court procedures—it may take several weeks or extend over many months.
Mediation or Arbitration
A mediator will help both parties reach a fair resolution. Mediators facilitate communication, leaving the ultimate decision in the hands of the parties. If a decision can’t be made, the case can continue to court.
Trial
If a settlement cannot be reached, the case may proceed to trial. At trial, a judge or jury will evaluate the evidence and determine the outcome based on the facts and applicable law. While trials are sometimes necessary, most personal injury cases are resolved through settlement before reaching this stage.
Statute of Limitations for a Semi Truck Accident Claim
There are time limits to filing a lawsuit that all individuals in the U.S. must adhere to. These deadlines vary from state to state. In Ohio, you must file a personal injury lawsuit within two years of the accident per Ohio Revised Code § 2305.10. Failure to file within this timeline can bar you from recovering any compensation. Because of this, it is imperative to take immediate action in the aftermath of an auto collision.
What Should You Do After Being Hit by a Semi Truck?
There are essential steps to take following an accident with a truck.
- Prioritize medical attention – Make sure to contact emergency services if anyone involved has injuries.
- Call the police – Alert the authorities of the accident so that they can file an official report.
- Gather information at the scene – If it’s possible and safe to do so, begin collecting documentation of the accident, such as the other party’s contact and insurance information, and photos and videos.
- Don’t admit fault – Avoid speaking to anyone about the accident, especially the other party or insurers. This can lead to an accidental admission of fault that harms your case.
- Document everything – Keep records of the police report, medical appointments, and injuries. All of this can serve as evidence when pursuing compensation.
- Contact a commercial truck accident attorney – The other party may already have legal representation, and this can level the playing field.
Contact Gervelis Law Firm if You Have Been Hit by a Semi Truck
If you need support with a truck accident personal injury claim, our legal team is on the case. We can help you file a claim against a trucker or trucking company and pursue the fair compensation you deserve.
Do not wait to get started on building compelling evidence today. Contact Gervelis Law at 866-792-2728 to schedule a free consultation.
