Truck crashes are deadly, and the people who perish are overwhelmingly the other people sharing the road with the truck. Even if the truck crash victim survives the incident, he or she is likely to endure catastrophic injuries. Truck accident victims and their families should, therefore, understand their rights by speaking with an experienced truck accident attorney if they have been injured or someone from their family was killed in a large truck accident.
The first question most victims and families have is whether they have a right to sue. Generally, a person injured as a result of a negligent act of another is entitled to file a negligence lawsuit to collect compensation for injuries and other losses. Likewise, the personal representative of the estate of a person killed in a truck accident may file a wrongful death suit against the persons or entities whose negligence caused the collision.
More than one person or entity might be liable to contribute toward paying the damage award. The truck driver is the obvious place to look for negligence. However, a thorough investigation into the crash could reveal that the trucking company who employed the truck driver, the maintenance company equipment, and part makers, as well as other motorists, could share the liability for a truck crash that kills or inflicts severe injuries.
The victim of a truck crash and the victim’s family has a right to sue for compensation of losses attributable to the truck crash. Damages such as medical expenses, property damage, and lost wages, are some of the types of damage awards available. Additionally, the nature of the injuries the victim sustained in the crash may be permanent and require future medical treatment and care. In those instances, compensation for future medical expenses and care, along with compensation for loss of enjoyment of life, in addition to conscious pain and suffering, would be appropriate. The truck accident victim’s spouse and children could be eligible to seek compensation for loss of consortium and loss of society as well. However, the personal representative of the estate of a truck accident victim killed in a crash could file a wrongful death suit and sue for compensation representing the whole life of the victim.
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