When fully loaded with cargo, tractor-trailers and other types of trucks can weigh several tons and require significant training and expertise to operate safely. Unfortunately, this means that crashes involving large commercial vehicles tend to have especially devastating outcomes for people in smaller cars hit by these massive machines.
Anyone who was recently hurt in a truck wreck should consider speaking with a Summerville truck accident lawyer about their options for pursuing civil litigation. If you can prove that negligence by a truck driver or trucking company played a direct role in causing your injuries, you may be able to hold the negligent party liable to compensate you for your ensuing losses.
Filing Suit Over Driver Negligence
In some situations, proving a truck driver liable for an accident works the same way as proving as any other driver liable for a crash. If a truck driver acts recklessly or carelessly while driving and that behavior directly causes an accident, that could constitute a breach of the duty of care all drivers owe to each other to drive carefully and within the boundaries of traffic law.
Evidence from the scene of a wreck like skid marks, photographs of vehicle damage, and eyewitness testimony can be extremely important when seeking to hold a truck driver accountable for injuries they directly caused. It is also often crucial to subpoena the report filed by the police officer who responded to the accident scene—if they made a record of ticketing the truck driver at the scene for violating a traffic law, that could signify liability as well.
When Could a Trucking Company Be Liable?
In other cases, an individual truck driver may not be the ideal defendant to file suit against, either because they do not have enough money to comprehensively cover a plaintiff’s damages, or because they are not the party who is primarily at fault for a truck crash. Through the legal principle of respondeat superior, for instance, it is often possible to hold a truck driver’s employer liable for their employee being negligent while on the job.
Sometimes, a trucking company may even be directly liable for an accident because they compelled their employee to violate federal trucking regulations in order to save money. A qualified truck accident attorney could help identify the right party to file suit against in a particular situation in Summerville.
Damages Recoverable Through Civil Litigation
Regardless of the party at fault for a truck crash, successful civil plaintiffs in these types of cases should be able to seek recovery for both economic and non-economic damages, including but not strictly limited to:
- Expenses for both past and future medical care
- Loss of work income while recovering from an injury
- Loss of future earning capacity
- Car repair or replacement costs
- Loss of consortium with a spouse
- Loss of enjoyment of life
- Physical and emotional pain and suffering
However, there are a number of legal obstacles that could restrict recoverable compensation—or even bar recovery completely—for unrepresented plaintiffs. Seeking help from a qualified truck crash attorney in Summerville can be virtually essential to avoiding these roadblocks and maximizing available restitution.
Talk to a Summerville Truck Accident Attorney Today
Unfortunately, there is no amount of civil compensation that can fully make up for the pain, inconvenience, and sometimes lifelong impacts of a serious truck wreck. What civil litigation can do, though, is ensure you do not have to bear the unfair burden of paying for damages caused by someone else’s negligence.
Talking to a Summerville truck accident lawyer could help clear up your legal options and put you on the right track towards civil restitution. Call today to set up your initial meeting with a seasoned legal professional.