Truck Accident Caused By Overweight Trucks

Personal Injury Law

Truck accident cases are some of the most complex personal injury cases. One of the issues that must be addressed is proving liability for the crash. Unlike passenger vehicle accidents, there is often more than one liable party for the accident. This is a very important point because the amount of damages recovered is often higher than in other types of crashes because of the often catastrophic injuries that victims sustain. Many victims do not survive their injuries and in those cases, their families can pursue a wrongful death lawsuit. A truck accident lawyer can assist in all of these legal matters.

Truck Accident Statistics

According to federal data, there are more than 4,000 people who die each year in truck accidents. Approximately 130,000 people suffer serious injuries. This data shows that the number of victims continues to increase each year.

The government has conducted multiple studies on the impact truck accidents have. Some of the findings include the following:

  • There are approximately a half million truck accidents that occur in the U.S. each year.
  • More than 60 percent of truck accidents happen on city and town streets and roads.
  • The number one cause of truck accidents is truck drivers who are driving under the influence of alcohol and/or drugs.

The federal government requires trucking companies to carry a minimum of $750,000 in liability insurance. The majority of companies only carry that minimum.

Determining Legal Options

When evaluating a truck accident case, a lawyer will look at several factors to determine how that case should proceed. The first factor is the extent of injuries the victim has suffered and whether the damages for those injuries will exceed the amount of liability insurance the trucking company has. The amount of that liability insurance is the second factor the lawyer will determine. Does the trucking company carry enough insurance to cover the victim’s losses?

In some truck accident cases, there may be additional at-fault parties besides the truck driver and trucking company that the lawyer may also name in the truck accident claim. For example, if the crash was caused by an improperly loaded truck and this freight was loaded by a cargo company, that cargo company may also share liability.

What Damages Can Be Included?

There are a number of damages that a victim can pursue in their truck accident claim. These include medical expenses, loss of income if the victim was not able to work while recovering, pain and suffering, mental trauma, scarring, and disfigurement. If the victim was left permanently disabled, financial compensation can also be awarded for those financial losses.

If the victim died and the family files a wrongful death lawsuit, the damages they can be awarded include medical bills for life-saving treatment for the victim, funeral and burial expenses, emotional anguish, the loss of the victim’s love and guidance, and the loss of the victim’s financial support.

Thanks to our friends at Wandres Law, P.C. for their insight into personal injury lawsuits.

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