According to the Federal Motor Carrier Safety Administration (FMCSA), large truck accidents made up about seven percent of all motor vehicle crashes in 2017. You can sue for a truck rear-end collision if you did not cause the accident—and in some states, you can file a lawsuit even if you were partially at fault.
Aside from any criminal charges against the at-fault driver, you can file a civil lawsuit, which could recover compensation to pay for your expenses related to the crash. That way, you will not have to struggle with financial problems long after the accident.
Statute of Limitations
If you find that you can sue for the truck rear-end collision and decide to take legal action, you must do so promptly. Each state imposes a statute of limitations for filing civil lawsuits, which Investopedia explains is a legal time limit for how long you have to file your lawsuit. If you miss the deadline, a court could throw out your suit.
The statutes of limitations that you must consider relate to property damage and personal injury lawsuits. Personal injury claims focus on expenses related to your injuries and medical expenses, while property damage claims focus on the costs of repairing your personal property, including your car.
The statutes differ for every state, but you should have between one and six years to file your case. The time limit starts on the day of the accident. If you want to file a lawsuit, a truck accident lawyer can help you begin the process.
Determining Liability
Truck accidents have more complicated liability determinations than other accidents. Trucking companies own most large commercial trucks, meaning the company likely has liability for any damages their vehicles cause. You could file your lawsuit against the company and the driver, and because most trucking companies have liability insurance, you might recover enough compensation to cover all your expenses.
The insurance company might offer you a settlement to end the lawsuit. You will want to review the settlement agreement carefully to ensure it meets your needs, both current and future. An attorney can look over the offer and, if necessary, negotiate with insurance adjusters until it addresses all your damages. In most cases, a settlement provides a faster way to end your lawsuit and collect compensation than going to trial.
Possible Compensation
When you sue for a truck rear-end collision, you hope to collect compensation for your expenses. You can do this by filing for personal injury, property damage, lost income, pain and suffering, and other claims based on your case’s specifics. The compensation that you collect could help pay for your recovery.
Compensation for personal injuries and property damage are typical in truck accident cases. They also comprise the two most prominent expense groups that most victims have after a crash. While most victims file a claim for their car, you can claim any item you own that suffered damage in the accident (e.g., cell phones, clothes, and other personal possessions).
Missing work can lead to financial problems since you cannot earn a living. Most people live paycheck-to-paycheck, and if you miss significant time from work, it might cause a big problem. Fortunately, you can claim for lost income, which includes not just wages or salary but also any fringe benefits you did not receive while recovering from your injuries.
Not every truck accident case includes claims for pain and suffering. This category compensates you for the emotional and mental impact of the accident. You can ask for this noneconomic damage in your suit, and pain and suffering compensation often is multiple times what other claims could recover, which is why a lawyer might suggest adding it to your case. However, because of its subjectivity, judges and juries have greater leeway when calculating what to award you.
To claim an expense in your lawsuit, you must prove its connection to your accident. If you have any pre-existing conditions that require ongoing treatment, the at-fault party might argue that your expenses relate to them and not the accident. A truck accident lawyer can offer evidence that shows the link between the crash and your medical expenses, or that the accident had worsened your condition. Either way, having pre-existing conditions should not stop you from collecting medical compensation.
Call to Schedule a Free Consultation
It is possible to sue for a truck rear-end collision if you take the right steps to start your case. Deciding to file a lawsuit is a big decision that takes accident victims some time to ponder. However, you might want to act right away to allow enough time to bring your case together. A truck accident attorney can help you compile evidence, file claims, and fight for the justice and compensation you deserve. Contact the offices of Pintas & Mullins Law Firm today at (800) 223-5115 for a free consultation about your case with a team member.