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What happens if you get hit by a truck?

Jan 04, 2021
Shamis & Gentile, P.A.
What Happens When Your Car is Totaled in California?

If you have been involved in an accident with a truck and you need to claim compensation, you need the help of an experienced truck accident lawyer. An accident involving a truck is not the same as one involving two or more ordinary cars. Your case hinges on the special circumstances surrounding the differences between these two classes of vehicle, and the different responsibilities that the respective drivers have when on the road. In addition, it is not only the drivers who are involved; a trucking company, together with its insurance provider and legal team, are also major role players, which can complicate a plaintiff’s case.

 Proving liability and damages

Liability in a truck accident case is premised on negligence. The driver is a professional who gets involved in the accident during the course of executing their duties. This is why several legal sources will apply. Traffic laws, civil liability rules, and the regulations of the Department of Transportation and the Federal Motor Carrier Safety Administration will have to be taken into account. 

Placing liability where is belongs can be a challenge. At the time that the lawsuit is filed, the plaintiff’s legal team must identify every individual, company or government entity that is responsible for the accident. If anyone is left out and is later found to have been jointly responsible, it might be too late to include them in the case, which will damage the plaintiff’s chances of getting proper compensation.

Once the defendants have all been identified, the plaintiff must propose a theory of liability. Such a theory will be very straightforward when filed against a single negligent driver, but when all the other defendants are taken into account, the theory becomes more complex. It requires an experienced personal injury attorney, with a knowledge of truck accident law, to construct a solid case for liability and damages.

A truck accident lawyer will fight for you

If you have been involved in a truck accident, get a truck accident attorney on your side. Your truck accident lawyer will do all the necessary research, make sure that all defendants are identified and included in the original filing, and construct a liability case that will win you the compensation that you need to mitigate your damages. 

Shamis & Gentile is a firm of personal injury attorneys serving the communities of Florida and New York If you need help with a truck accident case, contact us and book a consultation with one of our truck accident lawyers.

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