What You Can Do from a Legal Standpoint Following a Truck Accident

When you get out on the highway, you're certainly going to notice the big eighteen-wheelers. These are the commercial trucks that help keep commerce going in this country. They might have anything in the back, from grocery items to clothing to sporting goods.

You want to give them a wide berth since they're so much bigger than most other vehicles on the road. If you do get in an accident with one of them, though, then it's going to be a little different than if you hit another civilian driver.

Let's look at some possible legal considerations if this happens to you.

Collecting Life Insurance from a Fatality

If someone in your vehicle died from the accident, it's a tragedy. You might try to collect on their life insurance if they had a policy. 59% of Americans carry some form of life insurance policy, so this is not an unusual circumstance.

In determining whether you can collect, you'll need to look at factors like:

• Possible intoxication by the deceased, if they were driving

• Whether the road trip was personal or business-related

The first factor comes into play because many life insurance policies won't pay out if the covered individual was acting recklessly or irresponsibly when they died. Alcohol or drug use before driving would qualify.

The second factor relates to some life insurance policies only paying off in a work-related circumstance. If the driver was on their way to work when it happened, then the policy pays off. If it was on the weekend and they going to the grocery store, their survivors might be out of luck.

There are many different insurance policy types, so you'll need to look at the fine print.

Liability if it Was the Truck Driver's Fault

If the accident was the truck driver's fault, then you can probably hold them liable for auto damage, injury pain, and suffering, doctor bills, income loss, etc. It's the driver's fault if:

• They changed lanes without signaling

• You can prove alcohol or drug use by the driver

• You can establish driver fatigue due to exhaustion

There are many other possible unsafe or reckless truck driver behaviors that can lead to your winning a judgment against them. All kinds of distracted driving behaviors exist, and truck drivers should know better.

You Can Hold the Company Liable Too

It's also possible that you can pursue legal action against not just the truck driver, but also their employer. For instance, strict rules exist about how many hours per week a trucker can drive. If they're driving more than that, and their employer knows about it, then you'll likely win a lawsuit against them.

Also, if the accident happened because of improper truck maintenance, you'll win your case. The truck operators need to keep their vehicles in good working order. If they didn't, and it caused a crash, you can win damages.

You Might Also Sue the Cargo Loading Company

You might also bring legal action against the company or individuals who loaded the truck. If something falls off the back of the truck and hits your vehicle, then you have every right to seek legal recompense. These accident types are rare, but they do happen.

It could be challenging to prove that's what happened, though. The proof burden is your responsibility, if you hope to win your case, so you'll need to hire the best truck accident legal expert you can find.

You Can Claim Damages for Many Different Expenses

We already mentioned things like income loss, doctor bills, and vehicle damage. You might also seek reimbursement if you have to go to therapy following a truck accident.

These accident types can be highly traumatic. You might hesitate to get back on the road again if one occurs. The idea of getting around another one of these massive trucks might trigger PTSD for you.

If the accident hurt you badly, then you might need to modify your home so as to accommodate your reduced mobility. That's going to cost money, and if the truck driver or their company caused what happened, there is really no reason you should have to pay for that.

It could be challenging proving that the driver, their company, or other entities caused what took place, but you do have some legal options, and it is in your best interest to pursue them. Your life may have changed dramatically, and you deserve adequate reparations for what took place.   

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