Why You Should Hire a Truck Accident Lawyer
Posted by PKSD Law Firm on February 15, 2017 in Truck Accidents
If you have been hurt in a truck accident involving a commercial truck, you may suffer from more severe injuries and property damage than in an average car accident due to the truck’s size and weight.
When selecting legal representation after a truck accident, it is important to choose an attorney who understands the many intricate elements that are associated with the trucking industry. There are often several parties involved in a truck accident that would overwhelm and confuse an individual who has no previous experience in handling truck accident claims.
When factoring in serious injuries to an already complicated claim, it becomes necessary to hire a Milwaukee truck accident attorney who can accurately assess your losses and begin working on your claim right away.
Who is Liable for the Accident?
Determining fault in a trucking accident can be difficult. The trucking industry consists of multiple parties, each of which plays a separate role in sharing the responsibility of securing and maintaining a truck for a long-distance haul.
These can include:
- Truck drivers
- The trucking company that employs the driver
- The company that owns the truck
- The manufacturer of the truck
- The distribution company charged with loading the truck’s cargo
Victims who are unfamiliar with the trucking industry are most likely unaware of the multiple parties that are associated with each transportation haul.
There could be multiple parties involved in a truck accident, which would complicate matters further. An experienced truck accident attorney may be able to identify multiple parties that could be held liable for the accident and can increase the compensation a truck accident victim is entitled.
What if You are Partially at Fault?
Even if you are partially responsible for causing the accident, some states will still allow you to pursue compensation. The rule of “comparative negligence” enables an injury victim to seek damages as long as his or her actions did not contribute to more than 51 percent of the accident’s cause.
While comparative negligence will allow a partially at-fault victim to seek compensation, that amount is reduced based on his or her level of involvement.
For instance, if a victim was speeding and his or her delayed reaction contributed toward causing the accident with the truck, a court might find the victim 30 percent responsible for the collision. If the victim is seeking $10,000 in damages, the victim may only be able to recover $7,000.
A qualified attorney will be able to assess the circumstances surrounding your claim to determine an accurate amount of compensation you may be allowed to pursue.
What Legal Approach Should You Take?
There are several legal options victims of truck accidents and their families have that may serve their interests better than a lawsuit.
Trucking companies and their insurance providers often attempt to settle out-of-court and will offer the lowest settlement possible in a first attempt at negotiations.
An experienced attorney can recognize a low-ball offer and advise you of the legal option that best suits your interests and will provide sufficient compensation for your claim.
At Pitman, Kalkhoff, Sicula & Dentice, our Milwaukee personal injury attorneys can review your case for free and determine whether mediation, an out-of-court settlement or pursuing damages in court through a lawsuit is the best strategy for you. You are never obligated to hire our firm, and we provide our services for no charge unless we are able to recover compensation for your claim.
Call 877-877-2228 or fill out a Free Case Evaluation form to get started today.