Drivers and pedestrians may worry about trucks on the road with good reason. A truck’s massive weight could lead to a horrific accident, resulting in property damage, injuries and possibly death. Accident victims in Georgia likely have concerns about compensation for their losses. Questions about collecting compensation after a truck accident-related injury might arise, and the viability of a personal injury case depends on several factors.
Negligence and truck accident claims
Often, negligence factors into whether a victim could seek damages after a truck accident. If someone operating a car drove at an excessive speed and crashed into a truck that did nothing wrong, it would be the truck driver who likely had a negligence suit. However, if the truck driver did something negligent, then he or she may be the liable party.
Common reasons for truck accidents include committing moving violations, driving while distracted or fatigued, performing ill-advised wide turns and more. In some cases, the truck driver’s employer could share liability. Overloading the truck, not securing a load or poorly maintaining the truck might be forms of negligence.
Liability may lie with a third party as well. Design defects may fall on the manufacturer’s shoulders, and repair errors could lead a service center into court. Still, concerns may arise about collecting on losses. Issues with insurance and the negligent party’s assets come into question.
Procuring settlements or judgments
When involved in a truck accident, the victim may seek a settlement from the negligent party’s insurance provider. A driver’s auto liability insurance or a trucking company’s business liability policy could come into play. How much the insurance companies try to settle for could be less than what the injured party deserves. Disputes may arise, and attorneys might become involved.
Someone hit by a driver who does not carry insurance may need to file with his or her own policy, provided that the victim purchased uninsured motorist coverage. Suing a driver or another responsible party could be an option, but suing might not be a viable option if there are no assets to procure.
Sometimes, the victim shares part of the responsibility. Partial liability could reduce the claim.
Anyone injured in a trucking accident may wish to discuss the situation with a personal injury attorney. Collecting after a truck accident may be possible when negligence is involved. Still, victims must be mindful of factors that affect potential settlement or judgments.
