Filing a claim: Common questions after a truck crash

On Behalf of | Jun 21, 2018 | Uncategorized

You were enjoying your time riding your motorcycle, traveling on I-10 alongside multiple other vehicles. The trouble didn’t start until a semitruck tried to merge into your lane. The driver must not have seen you, and he merged into the lane so fast that you had nowhere to go.

The impact wasn’t too bad, since you had time to slow down and the driver wasn’t up to speed. However, you still suffered serious injuries. You have road rash, broken bones and other problems to address. The good news is that you may be able to hold several people responsible for the accident. Possible defendants include the truck driver and his or her employers, the vehicle’s mechanic and potentially even others.

How do you know which defendants to name in a personal injury lawsuit?

Initially, you should file a claim with the driver’s insurance company. However, there is a possibility that you could hold the company that employed the driver vicariously liable if it knew of the driver’s history of collisions or dangerous driving habits. If the driver was unable to see you or struck you because of defective parts or shoddy repairs, the manufacturer or mechanic or might be held liable in some capacity as well.

What happens if you’re injured by hazardous liquids?

There are times when the shipper can be held responsible for injuries from hazardous materials released after a collision. This would be the case if the hazardous materials were improperly laded and the driver or company was unaware of this while transporting those goods. The shipper has a duty to inform others about all potential risks. You might hold the shipper responsible for injuries if they gave no notice that the cargo was hazardous.

Can you be held partially liable for a truck crash?

In some cases, it’s possible. However, the goal in any subsequent claim for damages would be to avoid any fault on your behalf. Stick to the facts when you speak to police, never apologize at the scene and solicit witness statements that concur with your recollection of events. If you did have some part in causing the crash, you may still be able to collect compensation to some degree, depending on the percentage of the collision for which you’re deemed responsible. For instance, if you are determined to be 10 percent liable and the driver is 90 percent liable, he or she may need to pay up to 90 percent of your losses.

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