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06/17/24   |   By

Can I Sue for Being Hit by a Semi Truck?

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Semi-truck accidents are often catastrophic for victims and their families. Your insurance policy may cover your injuries and damages. But you may still wonder if you can sue for being hit by a semi-truck.

Filing a personal injury lawsuit depends on the facts of your case, including liability and negligence. Consulting with a personal injury lawyer is the first step toward claiming compensation from the liable party. Regan Zambri Long’s truck accident lawyers practice throughout the DC Metro area and can help with your claim. Schedule a free case evaluation with our legal team today.

I Was Hit by a Semi Truck. Now What Do I Do?

If a semi-truck hits you or a loved one, it is important to seek medical care. Refrain from making statements and consult with a lawyer as soon as possible. What you do and say immediately following an accident are key factors in how your claim plays out.Can I Sue for Being Hit by a Semi Truck?

Seek medical attention immediately after an accident. Even if your injuries do not seem severe, a medical record links your injuries to the accident. Serious injuries are common in many commercial vehicle accidents. Keep all the recommended follow-up appointments, as well. All your medical costs will be counted in your personal injury claim.

If you are able, you may collect evidence from the accident scene. Evidence would include photos, witness contact information, and even physical evidence. You may also get the police report number and the names of any responding officers.

Limit Communication and Contact a Personal Injury Attorney

Insurance companies will get involved right after an accident. You need to be wary even of your insurance adjuster. Answer any questions factually but without volunteering more than necessary. Don’t make formal statements until you have spoken with a truck accident lawyer. Your statement may be used against you throughout the legal process.

Contact a personal injury attorney as soon as possible after the accident. Your lawyer will take your statement and help you communicate with insurance companies.

Your trucking accident lawyer will also investigate your case to establish liability. They will use your evidence and collect additional evidence to bolster your claim. A lawyer will also have access to expert witnesses, should they be needed.

Who Can Be Sued in a Truck Accident Claim?

Accidents involving large trucks have been on the rise. The National Safety Council reported 5,837 fatal crashes involving large trucks in 2022. A truck accident injury lawsuit can be worth substantial financial compensation. But you must be able to prove liability to sue anyone.

At-fault parties for a trucking accident can include:

  • Truck Driver
  • Trucking Company
  • Manufacturers
  • Cargo Loaders or the Loading Company
  • Government Entities

Your semi truck accident lawyer will help you determine who is at fault. With liability established, they will seek fair compensation on your behalf.

Determining Liability for Your Semi Truck Accident Injuries

Liability is determined by fault or negligence. Negligence is the legal idea that a person has a duty of care to behave in a certain way. WhenCan I Sue for Being Hit by a Semi Truck? the duty is breached, the at-fault party is responsible for the damages they caused. Your truck accident injury attorney will guide you through this legal process.

Your legal team will review the facts of your case. Understanding what caused your truck accident will show who was negligent.

Truck Driver Negligence

Truck driver negligence is a leading cause of semi-truck accident cases. Given the long hours spent driving, truckers are more prone to fatigue. However, other negligent behaviors can cause catastrophic injuries. Distracted driving, speeding, driving under the influence, and even road rage can cause accidents.

Dangerous truck driver behaviors can be devastating to innocent drivers. Commercial drivers are subject to background checks and must comply with federal regulations. Some trucking industry regulations include:

  • a mandatory 30-minute break after eight cumulative driving hours
  • 10-hours of off-duty time is required for every 11 hours of driving
  • semi truck drivers may not exceed 60/70 hours in a 7/8 day period

The Federal Motor Carrier Safety Administration has strict rules surrounding hours of service.

Trucking Companies and Possible Liability

Trucking companies and their insurance companies look out for their interests. They are often liable for accidents. However, denying liability is not the same as denying innocence.

Trucking companies may be liable if they

  • are negligent in truck maintenance
  • push truckers to violate federal regulations or cover up violations
  • fail to train drivers properly

Trucking companies may be liable under other circumstances, as well. Your trucking accident lawyer will help prove the trucking company’s liability.

Additional Parties May Be At Fault

While trucking companies and drivers are often liable, other parties can be at fault for accidents.

Parts manufacturers are responsible for making safe, functional parts. When they fail to do so, they may be held liable for accidents caused by their products.

The government or party responsible for maintaining roads can also be liable. Dangerously designed or poorly maintained roads can cause accidents.

The cargo loaders may be liable if the truckload shifts or causes an accident.

What Compensation Can I Recover for Semi Truck Accident Injuries?

Compensation for semi-truck accident victims should cover all losses.

Economic damages are direct financial losses, including

  • medical bills and future medical expenses
  • lost wages, and future lost wages
  • property damage

Non-economic damages are intangible losses, such as pain, suffering, and emotional trauma.

Finally, punitive damages may be awarded in some semi-truck crashes. These damages punish the negligent party and deter others from the same behaviors.

How much is my truck accident claim worth?

Commercial truck accidents can vary in value. The size and weight discrepancy between trucks and passenger vehicles often lead to higher settlements.

Truck accidents are more prone to catastrophic injuries. These can include traumatic brain injuries, spine injuries, and loss of limb.

If a wrongful death is involved, your truck accident lawsuit may be in the hundreds of thousands or even millions of dollars.

Common 18-wheeler accident injuries include:

  • broken bones
  • concussions
  • mental anguish

You should consult with an experienced truck accident lawyer from Regan Zambri Long as soon as possible after an accident. Your lawyer will help value your claim and begin settlement negotiations with the responsible party.

How long does a truck accident claim take to settle?

Truck accident lawsuits take time to settle. You must first determine who is liable and prove their negligent actions. Negligence could include:

  • drowsy driving
  • poor road conditions
  • driving under the influence of drugs
  • drunk driving
  • aggressive driving
  • reckless driving
  • brake failures
  • mechanical failure

Your experienced lawyer may offer a rough estimate of the value of your claim. A thorough investigation will give a more accurate value.

Settlement agreements can take several rounds of revisions. An initial settlement offer may not fully cover your damages. Your lawyer will also wait until your medical condition is at maximum recovery. This ensures that all bills for medical treatment are accounted for.

Settlements with insurance companies can be prolonged by how employment is defined.

Some truck companies hire drivers as independent contractors. This means the driver owns and operates the truck in a freelance capacity. However, it also limits the truck company’s liability.

How Will a Truck Accident Lawyer Help Me?

Personal injury lawsuits can be overwhelming when you are injured in a truck accident. When you hire an experienced truck accident attorney from Regan Zambri Long, you have the DC Metro’s best in your corner.

You must file your truck accident injury claim within your state’s statute of limitations. You may not be entitled to compensation if you miss the time limit. An experienced lawyer will ensure that your claim is filed on time.

Your attorney will collect evidence to identify the liable party. This includes witness statements, accident scene photos, and police and accident reports.

After establishing liability for a truck accident, your attorney will begin settlement negotiations. Your lawyer will determine a fair settlement value based on your physical injuries and other damages.

Your lawyer will take your injury claim to court if the liable party does not agree to a fair settlement.

Regan Zambri Long’s experienced attorneys will fight for maximum compensation on your behalf.  We handle trucking accident claims in DC, Maryland and Virginia. Call us today for a free legal consultation with a trucking accident lawyer.

Schedule a Free Legal Consultation Today

Can I Sue for Being Hit by a Semi Truck?A semi-truck accident attorney from Regan Zambri Long is your best chance to receive compensation for your personal injury claim. Our law firm has more than 100 years of cumulative experience providing legal counsel to accident victims.

We have recovered millions of dollars for our clients. Our case results include:

  • a $3 million settlement for a woman who suffered an amputation after being struck by a truck
  • a $1.2 million settlement for the family of a man who died after being struck by a truck

Our team will take on your legal claim and pursue justice with all our resources. Call our personal injury lawyers today at 202-960-4596 for a free consultation.

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