Large truck accidents often result in the death of those who were involved. Family members who lose a loved one due to a truck accident have the right to make a legal claim against the truck driver or the trucking company.
To determine who is liable for the accident, a proper and thorough investigation needs to take place. A thorough investigation done by a qualified truck accident attorney will result in enough evidence to discern whose negligence caused all the damages.
The truck driver generally takes at least partial liability for the accident. Trucking companies are often pulled into the legal feud as they have a legal obligation to ensure their employees are properly licensed and following the best safe driving practices.
If the investigation uncovers that the trucking company did not screen their employees properly or if they discover the company had forced the driver to operate their vehicle when they were not in a proper state of mind and health then they can be held accountable for their actions.
If the truck driver’s actions were not intentional, and as long as the accident occurred while the driver was under the scope of employment, the trucking company can be held accountable for negligence.
What damages can I claim if I get into a truck accident?
Anyone involved in a truck accident can claim both economic and non-economic damages, including:
- Property damage
- Medical expenses
- Lost income
- Estimated other expenses
- Emotional pain
- Physical pain and suffering
- Loss of enjoyment
- Loss of reputation
- Loss of a loved one
A person may also be eligible to claim punitive damages. Punitive damages mean that the court punishes the defendant on top of their economic and non-economic damages because the behavior of the defendant was willful or extremely irresponsible. If the truck driver is found guilty of drunk driving, then it is possible for them to get charged with punitive damages.
Apart from the trucking company, the cargo company and the manufacturer of the truck may also be held liable for the accident. Only through investigation via the help of a truck accident attorney can a person properly discern why the collision occurred.
If a person suffers a major loss after an accident, such as the loss of a loved one, they should make sure they contact a truck accident attorney as soon as possible so they can receive some form of compensation to help them get through this difficult time in their lives and to at least partially make up for the loss of companionship and loss of family income they must now endure due to the demise of their loved one.