Can I Sue for Being Hit by a Semi Truck?
If you’ve been injured in a large truck collision, then you may be wondering whether you can sue for being hit by a semi truck. Perhaps! In evaluating whether you have an actionable claim, you’ll want to first discuss the case with a qualified personal injury attorney. Your attorney will also be able to help you navigate the strategic and procedural complexities that are typical of litigation.
Of course, if you’d rather learn a bit more about the legalities of semi truck accidents and some basic issues in truck accident claim litigation, read on!
Why are trucking accidents a serious issue?
Truck collisions are uniquely dangerous, and the statistics prove it. According to the 2022 data, for example, there were 160,000 truck accidents, resulting in more than 5,100 deaths and 73,000 injuries. Those injuries tend to be more severe, too.
These unique dangers are because:
- Large trucks (i.e., big rigs, semi trucks) have poor maneuverability and offer poor peripheral visibility, so it can be difficult for a semi truck driver to avoid hazards
- Large trucks are heavy. Their weight is so significant that when they do collide with another vehicle, the impact force is enough to crush and overcome the protective systems of the other vehicle — causing direct damage to the driver and passengers in the other vehicle
- Truck drivers are generally driving as a job. Dangerous truck driver behaviors are common due to the pressures of the job. Their employers (the trucking company) may impose strict schedules and demands on these drivers, thus encouraging the drivers to abuse stimulants and avoid resting properly in an effort to obtain monetary incentives. Trucking companies have a large role to play in this regard, as federal regulations can’t cover every aspect of safety — when serious injuries are a potential risk, it’s critical that trucking companies implement policies internally that limit the likelihood of dangerous truck driver behavior and semi truck accident injuries
- And more
Can I sue for being hit by a semi truck?
Maybe — it depends on the facts of your case (semi truck accident cases tend to vary quite a bit!). In order to successfully impose liability in a lawsuit, or to secure benefits from the insurance company, you’ll have to show that:
- The truck driver engaged in negligence, recklessness, or intentional misconduct, and
- As a result of the truck driver’s misconduct, you sustained injuries.
If you can establish these elements, then you’ll be equipped to push forward and argue for the damages you deserve. If there’s a fundamental issue with establishing any of these elements, however, then you could face challenges as you progress through litigation.
For example, it’s important that you be able to show that the truck driver’s negligence actually caused your injuries. If the truck driver collides with you, but at the same time you’re struck by a lightning bolt, then the defendant may argue that it was the lightning bolt that caused your injuries, not the truck.
Why do most semi truck accident disputes end in settlement?
Most personal injury disputes — including those involving a semi truck accident — are resolved through a negotiated settlement. In fact, industry observers estimate that 95 percent or more of civil disputes end in a settlement agreement.
But why are settlements so common? The truth is that trial litigation tends to be:
- Resource-intensive
- Uncertain
- Public
- Exhausting and distracting
- And more
These aspects can be undesirable for many parties.
For example, a business defendant may want to avoid the negative publicity of the trial, as media reporting could damage their brand and reputation considerably. Similarly, if you’re risk-averse and don’t want to walk away from a dispute without any compensation, you might not want to go to trial, as there’s always the inherent uncertainty of the court finding against you — wins and losses in court have an element of uncertainty, after all.
To avoid these issues, most disputing parties choose to negotiate a settlement as opposed to go to trial.
How can I maximize my semi truck accident settlement?
Settlement offers improve when: a) the defendant shows a willingness to settle, as opposed to pushing ahead to trial, and b) you (the plaintiff) are able to show that there is strong evidence and a strong legal argument in support of your claims, such that you would be likely to win if the case were to proceed to trial.
As such, factors that can influence the settlement offers you receive include:
- The hostility of the defendant and their willingness to settle
- The strength of the evidence in support of your liability claim
- The strength of the evidence in support of your damages claim
- How sympathetic and relatable you are as an injured plaintiff
- How legitimate and well-presenting your witnesses are
- How damaging to the defendant’s reputation/brand a public lawsuit would be
- How much resources the defendant has at their disposal to litigate for an extended period of time
- And more
For example, suppose that you are having a back-and-forth negotiation with the defendant regarding a settlement amount. You and the defendant agree that you have a 60 percent chance of “winning” your $100,000 claimed damages, should the case proceed all the way through to trial. Under these circumstances, a “fair” settlement would hover around $60,000 then — that being said, the number could shift based off of other factors.
What damages can I claim for my accident?
In a semi truck accident, you can claim damages for any losses that you sustained as a result of the defendant’s negligent, reckless, or intentional actions. Claimable losses can vary quite a bit and include:
- Lost wages
- Loss of earning capacity
- Medical expenses (i.e., medical bills for medical treatment)
- Loss of property
- Loss of enjoyment of life
- Loss of companionship
- Pain and suffering
- And more
Damages can vary substantially from case-to-case depending on the underlying facts and circumstances.
For example, if you’re injured in a semi truck collision, but you are unemployed (and have been unemployed for years), then your lost wages claim would be close to zero. On the other hand, if you’re in the same accident scenario but are gainfully employed, then you may have a significant lost wages claim due to time needed off from work after the accident.
Given these varied outcomes, it’s critical that you work with experienced truck accident lawyers who understand how to build up your case and navigate the complexities of damage assertions.
Who can I sue for compensation in a semi truck accident dispute?
There are several different defendants that you can potentially sue. These may include, but are not limited to:
- The trucker/truck driver who collided with you
- Anyone who may have distracted the truck driver
- Any other driver who may have contributed to the accident
- The truck driver’s employer (if the truck driver was working at the time of the accident). Trucking industry issues are commonly at the center of a commercial truck accident
- The City, if a dangerous condition of City property contributed to the accident
- Any property owner whose dangerous condition of property contributed to the accident
- Medical professionals whose negligence worsened or created your post-accident health issues
- And more
In the semi truck accident context, specifically, suing the employer (of the truck driver who hit you) is very common. That’s because of a doctrine known as “vicarious liability,” which allows injured plaintiffs to sue and impose liability on the employer of the defendant for any on-the-job negligence that causes harm.
Vicarious liability is enormously helpful in many disputes, particularly trucking accident disputes. Why? Well, the truck driver who hit you might not have adequate insurance coverage to pay out for all your damages. To ensure that you have a sufficient payout, you’d want to bring your truck accident claims against a defendant who has “deep pockets” — like a business/employer defendant.
How can an attorney help me in my truck accident lawsuit?
Attorneys are not just courtroom advocates. An experienced truck accident lawyer can and will take on a number of different responsibilities over the course of a lawsuit. These varied duties and tasks include, but are not limited to:
- Identifying, gathering, and preserving relevant evidence
- Speaking to third parties (i.e., witnesses, opposing counsel, insurance companies, law enforcement officers, etc.) on your behalf
- Developing a persuasive legal argument based on the facts
- Navigating various court-required hearings
- Negotiating a potential settlement compromise
- Pushing ahead to trial, if necessary
- Fighting for the client’s rights at trial
- Securing whatever compensation has been paid out
- And more
That’s a lot of different tasks handled by the attorney. As such, it’s important to actually use an attorney — it’s generally not a good idea to move forward without an attorney, given the complexity and volume of professional-level tasks that you’ll have to handle for your case.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
You may be wondering: can I sue for being hit by a semi truck? Well, if you’ve been injured in a semi truck accident (i.e., a truck driver loses control and hits you, or is speeding and swerves into you), then you could be entitled to sue and recover compensation under the law. Whether you can successfully obtain damages will depend largely on how effectively you can navigate the dynamic and challenging process that is litigation. As such, it’s important that you work with an experienced truck accident attorney for guidance — after all, commercial truck accidents and the litigation process surrounding commercial vehicles tend to be more complicated.
Contact 1-800-THE-LAW2 for a free legal consultation with a skilled personal injury lawyer in our network who can help you litigate a truck accident dispute and potentially maximize the total compensation amount that you’re able to secure. If you decide against moving forward with your case, or with the attorney, that’s okay — there’s no obligation to continue. As such, there’s really no downside to picking up the phone and calling in for a free consultation today.
We look forward to assisting you. Truck accident victims deserve the opportunity to fight to secure compensation for their injuries.
