Case Study: Trailer Law

Decent Essays
Collisions involving semi-trailer trucks happen on a daily basis. Due to the obvious size difference between a car and a big rig, when you are in a passenger vehicle, a trucking collision often results in critical injury. And when there is a fatality, the victims are almost always those in passenger vehicles. According to the Department of Transportation, approximately 500,000 of these traffic mishaps occur each year in the U.S. With that in mind, here are four legal considerations you can explore with your truck accident lawyer before deciding to file a claim.

1. Who Is Liable?

One of the first options to explore is whether you can establish employer liability. Determining liability answers the question of who was at fault. If the big rig driver is employed by a trucking company, your attorney may be able to pursue a claim against the corporation itself, as long as the
…show more content…
If you cannot show physical harm, then your claim cannot result in a monetary judgment that is meant to compensate you for your injuries. You must also prove that these injuries were a direct result of the truck collision and not by any fault of your own. Your truck accident lawyer can help by jumpstarting the investigation and establishing both liability and damages immediately after the incident.

3. Is Money Available If Your Claim Is Successful?

Once you establish liability, you can then take a look at the alleged party at fault and make sure they have means to pay any damages suffered. For example, if you successfully establish that the semi-trailer company is at fault, it is important to know if they have adequate insurance coverage to pay for damages. If the party at fault is unable to pay, another option could be if you have coverage on your individual insurance policy to cover accidents that result from uninsured drivers.

4. Can You

Related Documents

  • Improved Essays

    The plaintiff is a girl estimated to be about 20 years old. She reacted very negatively when she first got out of her car, but calmed down after Mr. Fuller excepted responsibility for the accident and asked her if she was okay. ○ Liability: This is a case of clear liability as the insured defendant failed to yield the right-of-way to the plaintiff’s vehicle in the right lane.…

    • 563 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Case Study: Hi Shavonte

    • 86 Words
    • 1 Pages

    Hi Shavonte, Thank you for reaching out. Yes this sounds like this is correct although there is no record with my insurance agency regarding the accident from Avis therefore I not have a definitive amount. My insurance agency is claiming that the company the car was rented under would be responsible for the coverage of the damages. Please let me know if they is anything else I can do or if you need any further information! Thanks again for all of your help.…

    • 86 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    The 38yo truck driver was within the course and scope of employment during the collision with BCI’s vehicle. He is claiming injuries to his back, left knee and neck as a result of the collision. Although we have confirmed the claimant is being considered for a disability rating, the worker’s compensation adjuster will not disclose specified injuries and treatment information without a signed medical authorization. Claimant is symptomatic nearly two years post-accident.…

    • 113 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    If you have ever been in an accident, and the other driver was at fault, you may have had to make a claim under the uninsured motorist or underinsured motorist provisions of your auto insurance policy. These stipulations of your policy come into action when the at-fault driver either has no insurance coverage, or inadequate insurance coverage, to pay for the injuries or property damage that occurred during your accident. Keep reading below for more information on how to deal with these types of claims. What is Uninsured Motorist Coverage?…

    • 417 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    If your big rig or construction equipment is in need of repairs, your business insurance company will typically cover the expense, and may even include coverage for the labor costs of getting your vehicle moving again. If you need an expert to get your light truck off the corner of the road or a heavy duty recovery specialist to move even your heaviest equipment, call Buckeye Riverside Towing in Cincinnati. These local leaders have the equipment and a wide range of services which may be covered by your insurance provider. Thanks to their expansive fleet of trucks and specialty lifting equipment, Buckeye Riverside Towing can seriously say that no job is too big or too small. They strive to keep their rates as affordable as possible, so even…

    • 262 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Big Truck Law Essay

    • 426 Words
    • 2 Pages

    Many people assume that the truck driver is the only liable party in the case of a semi-truck collision, but this is not always true. It may be possible to hold several parties accountable for the accident. For example, a trucking company may also be held liable. Commercial trucking companies, manufacturers, distributors, and shippers may also be liable under the law.…

    • 426 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    This means that your insurance company must cover your medical expense and lost income even when the other person is at fault. The only way the other driver may have to pay for the costs is if there is a serious injury. To meet this requirement, you would have to have significant scarring, permanent injuries or disfigurements. Since these descriptions are fairly vague, the courts would have to figure out if your injuries fit the “serious injury” threshold.…

    • 514 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Truck Injury Law

    • 304 Words
    • 2 Pages

    People see those big rigs on the open highways all the time. Some of the drivers are rolling down the roads at top speeds. This leads to numerous accidents with vehicles on the road. Often, the accidents are catastrophic and lead to serious life altering injuries or even death. Another issue arises because the drivers are operating the vehicle for a high powered company with several lawyers that are versed on truck injury.…

    • 304 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Auto accident personal injury settlements offer the compensation amount for the injured victim in an auto accident when the claim is handled through insurance. The increasing rate in the amount of more motor vehicle accidents in the United States makes auto accident insurance settlements one of the most prolific types amongst the insurance settlements. Settlement offers you negotiation for personal injury claims. According to Bureau of Transportation statistics, at least five million motor vehicle accidents are recorded every year on the nation's roadways, two million people are injured, and at least 20,000 people die. Auto accident personal injury settlements are also possible in various injury and property damage auto accident situations.…

    • 352 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Involved In Collision

    • 415 Words
    • 2 Pages

    When involved in a collision, you as a driver have several important responsibilities. To begin, you must stop immediately at the scene of the accident; if you hit and run you can be penalized and even get your license revoked for up to a year. If serious enough, you can recieve jail time up to a year, a fine of up to $2,500, or both. After stopping and observing the scene, a person should search for and help anyone who may be injured or in need of assistance. Avoid moving anyone who may be seriously injured and whose condition may be worsened by doing so.…

    • 415 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Becoming A Pedestrian

    • 432 Words
    • 2 Pages

    You may be told it was your fault, especially by a claims adjuster, but this does not make it true. One example is when a person is hit crossing a street without a crosswalk. However, just because there is no crosswalk does not mean that you were crossing illegally. In many jurisdictions, there is an implied crosswalk from one corner of a street to another, even when the street has no crosswalk markings or signs. A representative of an insurance company is likely to tell you all sorts of things, but do not trust anyone other than your own attorney.…

    • 432 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Personal Injury Lawsuits

    • 843 Words
    • 4 Pages

    · Professional opinions from experts in fields such as crash site reconstruction. · Pictures you or someone else took of anything from the scene of the accident. · Written statements of anyone that witnessed anything at the scene. After you've met with each lawyer, be sure to follow-up with them. You can ask additional questions that you may have come up with.…

    • 843 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Hawaii Drunk Driving

    • 501 Words
    • 3 Pages

    Drunk Driving Accident Attorneys in Hawaii Drunk driver's are a serious risk and danger to everyone around them. Driving drunk is a serious offense and problem. Drunk drivers pose a big threat and problem in the state of Hawaii. When people drink too much and make the choice to get behind the wheel anyway, they are very likely to cause accidents.…

    • 501 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Being involved in a vehicle accident can be a traumatic experience. The experience can be especially scary if a large vehicle is involved in the crash. Because of this, it is important to do what you can to avoid a trucking accident. Whether as the truck driver or as someone in another vehicle, there are several things you can do to avoid a crash. Both truck drivers and drivers of other vehicles should make sure to get enough sleep.…

    • 444 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Unfortunately, sometimes a dangerous driver seems to come out of nowhere or the person suddenly makes an unwise driving decision. If that is the case, and you are the victim of a nighttime driving accident, our Nashville accident lawyers can help you. Contact us for a free initial…

    • 450 Words
    • 2 Pages
    Improved Essays