Can I Sue for Being Hit by a Truck?

Can I Sue for Being Hit by a Truck?

If you’ve been in a commercial truck accident, then you may be able to sue for being hit by a truck. That being said, the dispute may not unfold as simply as you initially think — litigation is complex, and there are many unique challenges and opportunities to be aware of as you move forward. Whether you’re looking to secure benefits from the insurance company or push ahead with a lawsuit (or both), it’s important that you consider all the strategic options for your truck accident claim.

We encourage you to consult with an experienced truck accident lawyer at an early stage in your dispute. By calling 1-800-THE-LAW2, you can connect to a personal injury lawyer in our network for a free consultation today! Of course, if you’d like to learn more about trucking accident litigation, then read on — we’ll run through some truck accident case basics.

What makes truck accidents uniquely dangerous?

Truck accidents tend to cause more severe injuries (and deaths) than other types of motor vehicle accidents, such as car accidents. It’s no surprise that attorneys encourage plaintiffs to sue for being hit by a truck — the life impacts can be substantial, after all.

Why is getting hit by a semi so dangerous?  It’s actually quite simple. Large trucks tend to be more dangerous because:

• They are less maneuverable, due to their weight, shape, and sightline restrictions
• They take longer to come to a complete stop
• The impact force of a collision is substantially higher than that of a smaller vehicle
• Commercial truck drivers often have to work difficult hours and schedules, which can result in issues like fatigue, substance abuse, etc.
• They are significantly bigger and heavier than passenger vehicles, leading to more severe injuries and fatalities for the passengers in cars during accidents.
• And more

How do I determine whether I can sue for a truck accident claim?

Liability can be imposed if you can show:

1. That the defendant violated their duty of care; and
2. That in violating this duty of care, the defendant caused you to sustain damages.

Simple, right?  Not exactly.  While these basic elements cover a variety of different circumstances, they can be challenging to establish in a litigation setting.  That’s because these elements tend to have subtle nuances that can lead to additional challenges.

For example, suppose that you sustain a serious back injury in a truck accident, but you have a preexisting back injury already.  The defendant may attempt to argue that while they were speeding (i.e., they did violate their duty of care to others), they did not actually cause you to sustain damages, as your injuries were preexistent.  Unless you can establish that your preexistent injuries are distinct, or that they were exacerbated by the accident, then the elements required for liability are not met — and this can pose a problem for the case.

Given these (and other) potential complications, it’s absolutely critical that you work with experienced personal injury lawyers who understand how to build up your case and navigate around unique challenges.

How much will you get paid if an 18 wheeler hits you?

Damages in a semi truck accident dispute change from case-to-case, and the damages that you’re entitled to recover are for claimable losses, which are quite variable.  Claimable losses include:

• Lost wages
• Loss of earning capacity
• Loss of property
• Loss of companionship
• Loss of enjoyment of life
• Medical expenses (i.e., medical bills for medical treatment)
• Pain and suffering
• And more

How much you’ll “get paid” depends on the particularities of your case.  For example, if you are unemployed, then your lost wages claim will be minimal to zero.  On the other hand, if you are gainfully employed (and are forced to take a significant amount of time off from work after the accident), then your lost wages claim may be quite large.

How much are most truck accident settlements?

There is no set-in-stone truck accident settlement amount.  A variety of factors will determine your settlement offers, though — at a foundational level — what increases the settlement amount is when you can show that you are likely to receive your claimed damages if the case were to proceed to trial.

For example, if you can introduce a strong enough legal argument and substantial enough evidence that the opposing party agrees you have an 80 percent chance of securing your claimed $100,000 damages, then an $80,000 settlement compromise would be “fair” for the case circumstances.

Factors that can influence your settlement amounts include:

• The hostility of the defendant and their willingness to negotiate a settlement
• The strength of your liability claim
• The strength of your damages claim
• How sympathetic and likable you are as a plaintiff
• How sympathetic and likable the defendant is
• How authoritative and legitimate your expert witnesses appear
• How believable your eyewitnesses seem
• How much negative publicity the defendant will face if the case moves forward
• How significant the financial resources the defendant is willing to spend on the case
• And more

Who can I sue for being hit by a truck?

If you’re hit by a truck, then — depending on the circumstances of your case — you can potentially sue the following defendants:

• The truck driver who hit you
• Any other drivers who may have contributed to the accident
• The trucking company that employed the truck driver
• The City, if some hazard on the roadway contributed to the accident
• Any private property owner whose property hazard contributed to the accident
• The auto manufacturer, if some defect of the vehicle contributed to the accident
• And more

In commercial trucking accidents, one advantage is that you may be able to bring an action for damages against the trucking company that employs the truck driver.  Trucking companies can be held “vicariously liable” for the negligence of their drivers, so long as the driver was working at the time of the accident.

This has a few major advantages: a) the trucking company is likely to have more significant insurance coverage, so they may be able to pay out your damages in full, and b) the brand damage of an accident lawsuit could be substantial for a trucking company, and so they may be more willing to negotiate an early settlement to avoid the publicity of a lawsuit.

How much does it cost to hire an experienced truck accident lawyer?

Though many people believe that it is too costly to hire a truck accident lawyer to handle their case (i.e., that they can’t afford to do so), this is a common misperception.  In truth, most plaintiffs’-side accident attorneys offer their services on a contingency fee basis.  What does this mean?

When an attorney offers their services on a contingency fee basis, they are offering to represent you (the injured plaintiff) at no upfront or out-of-pocket cost.  Instead, they will take a percentage cut of whatever compensation they’re able to secure on your behalf.  This percentage can range from 25 percent to 40 percent or more, depending on what you negotiate and what phase the case is in when it is resolved.

If you don’t “win” compensation, then you don’t have to pay anything.  That creates a really favorable dynamic for injury victims — there’s not only a lower barrier-to-entry (since there are no costs unless you win), but there’s also incentive for the attorney to work to secure compensation on your behalf and to try and maximize that compensation.  That’s because the more you get paid, the more they get paid.

It’s a win-win situation.

Contact 1-800-THE-LAW2 for a Free Legal Consultation

If you’ve sustained serious injuries in a truck accident, then you could be entitled to sue for being hit by a truck. After all, you may be able to secure compensation under the law — but in order to effectively pursue a claim and maximize your potential damages, you’ll want to work with experienced truck accident lawyers who understand how best to navigate the litigation process.  We can help you access the necessary legal services.

Contact 1-800-THE-LAW2 for a free legal consultation with an experienced personal injury lawyer in our network who can help you explore the possibility of fair compensation for your personal injury claim.  During this initial consultation, you’ll be able to discuss your truck accident claims in detail and learn more about what options you have to recover compensation.  If you decide not to move forward with a truck accident lawsuit, that’s okay — there’s no obligation to continue.  As such, there’s no downside to calling in to get started today.

We look forward to assisting you!