Back

Accident With A Truck: Your Guide to Compensation

Semi-trailer truck accidents occur frequently. Due to the obvious size difference between a car and a truck, when you are in a car, a trucking accident often results in critical injuries. When there is a serious accident, it is usually people in cars that are killed. With that in mind, here are four legal concerns you should discuss with your lawyer before making a compensation claim.

  1. Who Is Liable?
    One of the first things you should do look at is whether there are multiple liable parties or persons. The question of who was at blame is resolved by determining responsibility. You can attribute liability on the owner or employer. If the truck driver works for a trucking business, your lawyer may be able to make a claim against the company, as long as the employee was working within the scope of his work at the time of the accident. It is also critical to conduct a thorough investigation at the scene of the accident in order to prove liability, including obtaining statements from any witnesses.
  2. What Injuries Were Sustained?
    You must prove that you were physically, psychiatrically/psychologically injured as a result of the accident to successfully pursue a claim against the responsible party/s. If you cannot prove that you were seriously injured, your claim will not result in a monetary award to compensate you for your losses. You must also show that your injuries were caused solely by the accident and not by any fault of your own.
  3. Will You Get Paid If Your Claim Is Accepted?
    Once you establish liability, you can then look at the alleged party/s at fault and make sure they have means to pay any damages suffered. For example, if you successfully demonstrate that the semi-trailer business is at blame, you will want to know if they have insurance to cover the damages.
  4. Can You Settle?
    Another alternative option to discuss with your lawyer is whether to pursue a settlement out of court rather than proceeding to a hearing. A settlement might be a suitable option if you have proved liability and the at-fault party is willing to compensate you without the stress and expense of a hearing.

On the other hand, if you are not offered a fair settlement, it can be worthwhile to proceed to a hearing. Ultimately, your lawyer should assist you in obtaining compensation for the full amount of your injuries including pain suffering, medical costs and lost wages.

Have you been injured in an accident with a truck? Strict time limits apply. Call Prominent Lawyers today on 1800 77 66 46.

*The contents in this article are solely intended to provide general information in summary and do not constitute legal advice. We recommend seeking the assistance of a legal professional to discuss any matters at hand.