After being in a truck accident, the last thing you want to do is be worried about whether or not you can sue the other driver personally.
Thankfully, we’re here to provide some clarity on understanding what filing a personal injury lawsuit against another driver looks like after an accident. So buckle up and let’s get ready to take a look at what to know before considering a civil suit.
We consulted a Rockford truck accident lawyer regarding this. According to them first and foremost, it is important to determine whether the truck driver was at fault for the incident or if it was due to mechanical errors or negligent third parties. In some cases, such as if the truck driver was working for an organization at the time of the accident, their employer may also be held accountable in court.
It is also important to determine whether state or federal laws were violated as they will dictate which courts you may file a lawsuit in as well as any relevant statutes of limitation on filing claims.
It is possible to obtain compensation from a trucking company through a personal injury case if it is determined that they share some responsibility for what happened. In such instances, damages typically include:
- Medical bills related to injuries sustained during the crash
- Missed wages due to job interruption caused by injuries sustained in the accident
- Pain and suffering endured due to trauma from the incident
- Permanent functional or aesthetic impairments or disfigurement from injuries sustained in the incident
- Funeral expenses incurred from fatalities resulting from the truck accident
However, the success of a claim depends largely on how effectively you are able to prove that another party is liable for damages caused by their omission or commission of certain duties after determining fault and responsibility for damages arising out of negligence. Knowing when and how best to pursue these cases is crucial; without expertise from experienced lawyers chosen specifically for this area of law would not try this type of lawsuit without help.
What Damages Can You Sue For?
Economic damages are those that are intended to compensate an individual for losses or expenses stemming directly from the accident. This could include medical expenses, costs associated with repairing or replacing vehicles, wages lost as a result of not being able to work, loss of earning capacity in the future due to injuries sustained in an accident, and any other financial losses related to the crash.
Noneconomic damages refer to life changes that took place due to the crash but fall outside of tangible costs. These could include pain and suffering, mental anguish and trauma related to the accident, emotional distress due to physical limitations caused by an injury as well as future changes since disfigurement or disability could lead to different lifestyle choices in order for adjustments.
Conclusion
It is generally not recommended to pursue personal legal action against another driver following a truck accident. The best approach is often to seek out the services of an experienced truck accident attorney who can help determine the most viable and appropriate course of action for your circumstances. An attorney can provide professional advice and guidance throughout the claims process.
