Injured in a Commercial Truck Crash: Should You Sue?
If you're injured in a crash involving a commercial truck, you have the option of seeking recovery for your injuries through a lawsuit.
Truck crash injuries are on the rise. The most recent National Highway Traffic Safety Administration report found that truck crash injuries increased by 18 percent, from 88,000 reported injuries in 2011 to 104,000 in 2012. Truck accidents also led to nearly 4,000 deaths in 2012.
But what should those who may be injured in a truck accident consider know about their potential legal options? Here are a few points to consider:
- You may be able to sue even if you were partially responsible for the accident. In many states, you may still be awarded compensation in a negligence lawsuit even for accidents in which you were partially at fault. In states that follow the pure comparative fault rule, you may still recover for a portion of your damages even if you were 99 percent at fault. More common, however, are states that follow a modified comparative fault rule in which those who are less than 50 percent responsible for their own injuries (51 percent in other states) can still recover for the portion of their damages caused by another party.
- There are probably several potential defendants. In truck accident cases, the potential defendants often include more than just the driver of the truck. Other parties that may be sued include trucking companies, employers, and insurance companies.
- Your recovery may depend on the severity of your injuries. If an accident is relatively minor or no serious injuries were suffered by those involved, it may be difficult to prove other damages such as pain, mental suffering, or loss of companionship.
- You may be covered by insurance. In some cases a lawsuit may not be necessary. Depending on the facts of your accident, you may be covered by your insurance or the truck driver's insurance for injuries and damages to your vehicle.
To learn more about recovering for truck accident injuries, head over to FindLaw's section on Truck Accidents.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.