The constitution is the supreme law of the land in the US. It is not discriminatory. All US citizens, irrespective of their race, color, creed, and ethnicity, enjoy some rights, which nobody can take away from them.
Accident victims have certain legal rights, which enable them to sue the person/agency responsible for the accident. Once the litigant is found guilty, a victim can ask for compensation.
Truck accident victims
In a majority of cases, truck accident victims either lose their lives or get severely injured. Victims of passenger vehicle accident might recover soon, but truck accident victims take a long time to recover. The amount of money spent on their recovery and well-being can be gigantic. Many victims, who fail to arrange the money, seek the help of fundraisers for accident recovery.
Being vindictive is not the only reason a truck accident victim slaps allegations on a trucking company and takes it to the court. The chief reason for using a company is holding it accountable for the injuries and the agony suffered by the victim, so the court orders it to compensate him.
The truck accident law
A victim, who has already decided to ring the doorbell of the legal door should have a comprehensive grasp over the truck accident law. If he met an accident but no resulting injuries (highly unlikely, but still possible), the law cannot help him.
The truck accident law is very specific. It only covers the personal injuries, underwent by the driver/occupant of a passenger vehicle caused by a collision between the vehicle and an 18-wheeler or a commercial delivery truck. The key terms, associated with the law are;
- Liability: Whether or not the court will put the burden of liability on the defendant’s shoulders depends upon the doctrine of negligence.
- The negligent party: The negligent party can be the professional truck driver, the company that employs the driver, or the truck manufacturing company.
- The applicable sources of law: Numerous sources of law applicable to identify the negligent party. Some of which are the civil liability rules, the Department of Transportation (DoT) regulations, the Federal Motor Carrier Safety Administration (FMCSA) regulations, and the general traffic rules.
Who’s the defendant
The complainant needs to identify all parties, who are possible defendants. All individuals, corporate organizations, and government agencies, who might have had a role in the accident, should be named in the litigation document, produced in the court.
Many naive accident victims conclude the defendant is the truck driver when other parties also share accountability. Trucking companies, for example, often allow drivers to work for extra hours, leaving them fatigued and exhausted. Drivers relentlessly rub their eyes and yawn while driving, and such distractions led them to an unfortunate mishap.
The defendant and the convict
A truck accident case is not as simple and linear as it sounds. The victim holds someone responsible doesn’t automatically make him responsible. The court takes in stride several factors to culminate who’s actually at fault.
The worse part is the court might exonerate the defendant from the charges, slapped against him, and hold the victim responsible. Even though rare, this might happen. The lawyers, hired by the defendant might succeed in framing the victim by taking advantage of his naivety. Being held responsible means the victim would end up washing his hands from the reimbursement, for which he sought legal help.
Truck accident lawyers
Anyone, who has met a truck accident and been thinking of suing the trucking company should consult with an experienced and competent personal injury lawyer. Such lawyers have handled similar cases in the past, which means victims can expect them to render a top-notch legal service.
Lawyer or detective
A victim might hire a detective alongside a lawyer, who’d investigate independently and gather evidence to prove the victim had no fault of his own behind the accident. But it may not be necessary as competent truck accident lawyers can anticipate the possible loopholes, which might weaken the victim’s plea.
Experienced truck accident lawyers have tie-ups with investigative firms. Upon request, a firm can carry out an investigation and collect the key evidence that could help the plaintiff win the case. Hence, there’s a big difference between hiring and not hiring an experienced truck accident lawyer.