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Truck Accident Compensation: Legal Insights for Families After a Truck Accident | Health

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Every year, truck accidents in the United States are responsible for numerous injuries and deaths. In 2022, 120,200 large trucks were involved in accidents that resulted in injuries, while 5,837 large trucks were involved in fatal accidents.

When a family member is injured or killed in a truck accident, it can place a tremendous emotional, physical and financial burden. Families can face mounting medical bills, lost income, and the potential grief and emotional trauma of losing a loved one. Coping with these issues can be challenging, but the law provides legal remedies for injured victims or their surviving family members that can compensate them for their losses.

<Makro 'Tipp'>“/></p></div> </p></div> </div> <p>Let’s explore some of the legal rights and options available to families after a truck accident so they can get the compensation and justice they deserve.</p> <p><strong>Personal injury claims</strong></p> <p>In cases where the victim is injured but not killed in a truck accident, he or she may have the right to pursue a civil lawsuit against the at-fault party by filing a personal injury claim against him or her, potentially seeking compensation for various economic and non-pecuniary losses resulting from his or her accident.</p> <p>For such a claim to succeed, the injured party must prove that the other party’s negligent acts or omissions were the direct cause of their injuries. In a personal injury claim, the element of negligence is proven as follows:</p> <ul> </p> <li>Duty of care: This refers to the defendant’s legal duty to the victim. This includes taking reasonable steps to ensure the victim’s safety and to prevent harm from coming to him or her.</li> </ul> <ul> <li>Breach of duty: This involves proving that the defendant, through his actions, breached his duty of care towards the victim.</li> </ul> <ul> <li>Causality: The injuries suffered by the victim were a direct consequence of the defendant’s breach of duty.</li> </ul> <ul> <li>Compensation: The injured party’s damages must be quantifiable and legally compensable.</li> </ul> <p>There are often multiple parties involved in a truck accident that are negligent, making determining liability in these cases a complex matter. For those who wish to pursue this legal route, it is advisable to seek the help of a personal injury attorney who has experience in these types of cases, such as Jimmy Doan Truck Accident Lawyer in Houston.</p> <p><strong>Determine liability</strong></p> <p>A truck accident can be the fault of a single party or multiple parties, and an experienced attorney will ensure that all responsible parties are held accountable for their actions. The most common culprits in a truck accident include:</p> <ul> </p> <li>The truck driver: The accident may have been caused by the truck driver’s negligent actions. For example, he may have been texting, talking on the phone, or otherwise distracted, or under the influence of drugs or alcohol.</li> </ul> <ul> <li>Trucking company: The trucking company or employer of the at-fault driver may be negligent. This may be due to their own negligent actions, such as not adequately inspecting or maintaining the truck to ensure it was roadworthy, or hiring a driver who did not have the necessary training or experience to operate the vehicle safely. Under the principle of respondeat superior, an employer may also be held vicariously liable for the negligent actions of their employees. This means that legal action can be taken against a truck driver’s employer for the truck driver’s negligent actions or omissions.</li> </ul> <ul> </p> <li>Loaders: Parties responsible for loading cargo may be held liable for an accident if they fail to secure the load safely. For example, they may be held liable if the load shifts during transport, causing the truck to become unstable and an accident occurs. <div class=

<Makro 'Tipp'>“/></p></div> </p></div> </div> </li> </ul> <ul> <li>Manufacturer: The Federal Motor Carrier Safety Administration (FMCSA) lists vehicle design and manufacturing as one of the factors that can cause a truck accident. This can include the presence of a defective part that can lead to mechanical failure and a subsequent accident. In these cases, the manufacturer of the defective part can be held liable.</li> </ul> <ul> <li>Authorities: In some cases, a truck accident may be caused by inadequate signage or poorly maintained roads. In this case, the negligence of the relevant authorities may be established, who are therefore liable for the accident.</li> </ul> <p><strong>Common mistake</strong></p> <p>The at-fault party(s) in a truck accident may argue that liability should also fall on the victim because they were partially responsible for the accident. In states that use the contributory negligence rule, liability for an accident is divided between the parties according to their respective degrees of negligence or fault. For example, a plaintiff who is 40 percent responsible for the accident will receive a reduction in compensation by that amount. They are therefore entitled to 60 percent of their damages.</p> <p>Applying this rule alone, a plaintiff who was 99 percent at fault for the accident can still recover damages for the 1 percent he was not at fault for. However, when the modified contributory negligence rule applies, the plaintiff is barred from recovering damages if his degree of fault exceeds 50 percent or 51 percent, depending on the specific rules of each state.</p> <p><strong>Unjust death</strong></p> <p>In cases where a truck accident results in death, the family members of the deceased may have the right to file a wrongful death lawsuit against the at-fault party or parties.</p> <p>This lawsuit can help family members obtain compensation for the economic and non-economic losses they have suffered and may continue to suffer due to another person’s negligence. Damages sought in a wrongful death lawsuit may include the following:</p> <ul> </p> <li>Medical expenses incurred by the deceased before his death.</li> <li>Funeral costs.</li> <li>Loss of the consortium.</li> <li>Loss of financial support.</li> <li>Pain and suffering of the deceased before death.</li> <li>Pain and suffering of family members.</li> </ul> <p>In some cases, punitive damages may also be awarded if the defendant’s actions are considered particularly egregious or grossly negligent.</p> <p>The aftermath of a truck accident can be very challenging for families, but the legal remedies available can help ease the pressures faced by those affected and provide a modicum of justice in tragic cases.</p> <p><strong>Take 30 seconds and </strong><strong><span>Join the 30Seconds community</span></strong><strong>And </strong><strong>Follow us on Facebook</strong><strong> to receive daily inspiration in your newsfeed. Inspire and be inspired.</strong></p> </p></div> <p><script async defer src=

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