If you were riding in a car that was involved in a truck wreck in Chicago, IL, you are probably wondering whether you are able to sue for the injuries you sustained. The answer is, yes, however, there are certain things you need to take into account before actually proceeding on and filing a lawsuit. Two of these things are fault and insurance limitations and both might influence your decision. To help you better understand how fault and insurance limitations might affect whether you take legal action against the at-fault party, we explain both a little more in detail below.
Understanding How Fault and Insurance Limits Influence Your Decision to Sue After an Accident
Before you can even consider suing, the first thing you need to determine is who was at fault for causing the accident. Was it the person you were riding with or the operator of the truck? If you aren’t sure, then it would be best that you consult with a Chicago, IL truck crash attorney before going any further. And if you need help locating a legal professional in your area, simply call Power Rogers & Smith. This firm not only has a team of lawyers who can address any questions you might have, but it has also been rated five times as being one of the Best Law Firms by U.S. News & World Report.
Now, let’s say the truck driver was found liable for causing the accident. In most cases, you would first file an insurance claim with their employer given they are willing to cover the claim. If the insurer isn’t willing to pay what the damage is actually worth, can only pay a portion of what your damages are valued at, or they refuse to pay the claim entirely, then you may wish to take things a step further and file a lawsuit against the insurer, the truck driver, their employer, or all three. Many accident victims often elect to take this route not only to recover compensation but to also seek justice for all the pain the accident has caused them to suffer from.
In the event the driver you were riding with was at fault, you are still permitted to sue them but again, you will want to see what their insurer is willing to provide you with. In the state of Illinois, drivers are only required to carry a minimum of $25,000 for bodily injury per person and a total of $50,000 per accident [Source: Nationwide]. That means if they are only carrying the minimum limits, you may only be entitled to the amounts stipulated above.
Something else you need to take into consideration is your relationship to the driver. If it is a friend, you may not want to sue them personally, but may need more money for the injuries you sustained. In that case, you may be able to pursue their insurance company for more money and only consider suing if the company isn’t willing to pay you the maximum amount of compensation you are entitled to.
With that said, while you are permitted to file a lawsuit for the injuries you sustained as a passenger in a truck collision, you will want to take some time to speak with a truck accident lawyer. The attorneys at Power Rogers & Smith can help you better understand your options and even help you initiate the lawsuit process if need be. The reality is, filing a lawsuit isn’t an easy process to take on alone and to be sure you understand the steps associated with it along with the potential complications that might arise, it is best you consult with one of these lawyers at your earliest convenience.
You can reach Power Rogers & Smith at:
70 West Madison Street, Suite 5500
Chicago, IL 60602